Legal Opinion
Ervin v. OS Restaurant Services, Inc.
Court of Appeals for the Seventh Circuit
Decided January 18, 2011No. 09-3029PublishedCited by 139 opinions
1Opinion of the Court
WOOD, Circuit Judge.
In this appeal we consider whether employees who institute a collective action against their employer under the terms of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201 et seq. (“FLSA”), may at the same time litigate supplemental state-law claims as a class action certified according to Federal Rule of Civil Procedure 23(b)(3). The district court thought not; it rejected the plaintiffs’ effort to proceed as a class under Rule 23(b)(3) on the ground that there is a “clear incompatibility” between the FLSA proceeding and the proposed class action. The…
2Cases cited18 opinions
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Hertz Corp. v. FriendSupreme Court of the United States · 2010
- Hoffmann-La Roche Inc. v. SperlingSupreme Court of the United States · 1990
- Peso Chavez and Gregory Lee, Individually and on Behalf of All Persons Similarly Situated v. The Illinois State Police, Terrance W. Gainer, Individually and in His Official Capacity as Director of the Illinois State Police, Michael Snyders, Individually and in His Official Capacity as Illinois State Police Operation Valkyrie Coordinator, Edward Kresl, Individually and in His Official Capacity as District Commander of the Illinois State Police, and Larry Thomas, Daniel Gillette, Craig Graham, Robert P. Cessna, Robert Lauterbach, and Dale Fraher, Officers of the Illinois State Police, in Their Individual CapacitiesCourt of Appeals for the Seventh Circuit · 2001
- Myers v. Hertz Corp.Court of Appeals for the Second Circuit · 2010
13 more not listed; retrieve them via the Exa API.
3Cited by139 opinions
- Runnion Ex Rel. Rsunnion v. Girl Scouts of Greater ChicagoCourt of Appeals for the Seventh Circuit · 2015
- Messner v. Northshore University HealthSystemCourt of Appeals for the Seventh Circuit · 2012
- Shahriar v. Smith & Wollensky Restaurant Group, Inc.Court of Appeals for the Second Circuit · 2011
- Vince Mullins v. Direct Digital, LLCCourt of Appeals for the Seventh Circuit · 2015
- Aaron Espenscheid v. DirectSat USACourt of Appeals for the Seventh Circuit · 2013
134 more not listed; retrieve them via the Exa API.