Legal Opinion

Baldridge v. SBC Communications, Inc.

Court of Appeals for the Fifth Circuit

Decided March 29, 2005No. 04-10819PublishedCited by 38 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

The defendants seek an interlocutory-appeal of a class certification order under 29 U.S.C. § 216(b), which is part of the Fair Labor Standards Act (“FLSA”). We dismiss for want of appellate jurisdiction. The collateral order exception to the final judgment rule is inapplicable, because the question of § 216(b) class certification has not yet been conclusively determined and is still subject to revision by the district court.

I

The plaintiffs, employees of Cingular Wireless LLC (“Cingular Wireless”), filed an action for overtime pay under the FLSA. After discovery…

2Cases cited6 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  3. Waste Management Holdings, Inc. v. MowbrayCourt of Appeals for the First Circuit · 2000
  4. In Re Nissan Motor Corporation Antitrust LitigationCourt of Appeals for the Fifth Circuit · 1977
  5. Lusardi v. Xerox Corp.Court of Appeals for the Third Circuit · 1984

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

3Cited by38 opinions

  1. Kim Comer v. Wal-Mart Stores, Inc.Court of Appeals for the Sixth Circuit · 2006
  2. Henry v. Lake Charles American Press, L.L.C.Court of Appeals for the Fifth Circuit · 2009
  3. In re JPMorgan Chase & Co.Court of Appeals for the Fifth Circuit · 2019
  4. Bouaphakeo v. Tyson Foods, Inc.District Court, N.D. Iowa · 2008
  5. McElmurry v. U.S. Bank National Ass'nCourt of Appeals for the Ninth Circuit · 2007

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

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