Legal Opinion
Sandoz v. Cingular Wireless LLC
Court of Appeals for the Fifth Circuit
Decided December 23, 2008No. 08-30769PublishedCited by 157 opinions
1Opinion of the Court
PRADO, Circuit Judge:
In this case, we deal with the difficult question of when an employer can moot a purported collective action under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201-219, by paying an employee’s claim in full. In particular, we must consider the complex interplay between Federal Rule of Civil Procedure 68, which stipulates how a defendant can make an offer of judgment that would fully satisfy a plaintiffs claim, and the FLSA’s provision for collective actions under § 216(b). Because Plaintiff-Appellee Courtney Sandoz (“San-doz”) filed a motion to certify her…
2Cases cited27 opinions
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- Deposit Guaranty National Bank v. RoperSupreme Court of the United States · 1980
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3Cited by157 opinions
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