Legal Opinion

De Asencio v. Tyson Foods, Inc.

Court of Appeals for the Third Circuit

Decided September 8, 2003No. 02-3719PublishedCited by 160 opinions

1Opinion of the Court

OPINION OF THE COURT

SCIRICA, Chief Judge.

In a labor dispute over unpaid wages, plaintiffs gained certification of an opt-in class under the Fair Labor Standards Act and then sought certification of a Fed. R.Civ.P. 23(b)(3) opt-out class under the Pennsylvania Wage Payment & Collection Law. The District Court granted the Rule 23 certification. At issue is whether the District Court should have exercised supplemental jurisdiction over the state-law class under 28 U.S.C.' § 1367.

I

A

Plaintiffs are hourly employees at defendant Tyson Foods’ two chicken-processing plants in New Holland, Pennsylvania…

2Cases cited16 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Anderson v. Mt. Clemens Pottery Co.Supreme Court of the United States · 1946
  3. In Re: The Prudential Insurance Company Of America Sales Practices LitigationCourt of Appeals for the Third Circuit · 1998
  4. Universities Research Assn., Inc. v. CoutuSupreme Court of the United States · 1981
  5. No. 94-3025Court of Appeals for the Third Circuit · 1995

11 more not listed; retrieve them via the Exa API.

3Cited by160 opinions

  1. Kach v. Hose ex rel. St. Moritz Security Services, Inc.Court of Appeals for the Third Circuit · 2009
  2. Shahriar v. Smith & Wollensky Restaurant Group, Inc.Court of Appeals for the Second Circuit · 2011
  3. Braun v. Wal-Mart Stores, Inc.Superior Court of Pennsylvania · 2011
  4. De Asencio v. Tyson Foods, Inc.Court of Appeals for the Third Circuit · 2003
  5. Knepper v. Rite Aid Corp.Court of Appeals for the Third Circuit · 2012

155 more not listed; retrieve them via the Exa API.

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