Legal Opinion

Nash v. CVS CAREMARK CORP.

District Court, D. Rhode Island

Decided February 9, 2010No. C.A. 09-079 SPublishedCited by 7 opinions

1Opinion of the Court

OPINION AND ORDER

WILLIAM E. SMITH, District Judge.

Plaintiff pleads this lawsuit for overtime benefits as a “collective action” under the Fair Labor Standards Act (“FLSA”). He purports to act on behalf of himself and “other employees similarly situated” pursuant to 29 U.S.C. § 216(b). After one supposedly “similarly situated” party opted in to the case, Defendants presented both that person and Plaintiff with offers of judgment pursuant to Rule 68 of the Federal Rules of Civil Procedure. The opt-in party accepted the offer and is no longer part of the case; Plaintiff rejected the offer, but…

2Cases cited16 opinions

  1. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  2. Gerstein v. PughSupreme Court of the United States · 1975
  3. Sosna v. IowaSupreme Court of the United States · 1975
  4. Crown, Cork & Seal Co. v. ParkerSupreme Court of the United States · 1983
  5. Richard Weiss, on Behalf of Himself and All Others Similarly Situated v. Regal Collections Lancer Investments, IncCourt of Appeals for the Third Circuit · 2004

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3Cited by7 opinions

  1. Symczyk v. Genesis HealthCare Corp.Court of Appeals for the Third Circuit · 2011
  2. Hermida v. ArchstoneDistrict Court, D. Massachusetts · 2013
  3. Carlucci v. HanDistrict Court, E.D. Virginia · 2013
  4. Ariel Macklin v. Biscayne Holding CorpDistrict Court, D. Rhode Island · 2020
  5. Borup v. The CJS Solutions Group, LLCDistrict Court, D. Minnesota · 2019

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