John Keeley Timmie Orange Ariel Kilpatrick Charles Werdann, on Behalf of Themselves and All Others Similarly Situated v. Loomis Fargo & Co

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that “[u]nder the well-established principle of statutory construction, expressio unius est exclusio alterius. . . [the] explicit expression of one thing. . . indicates its intention to exclude other exceptions”
• noting that Third Circuit precedent “provide[s] that reasonable good faith is not shown when an employer does not inquire about the law’s requirements, simply follows an industry trend of not complying with the law, or violates the law in order to remain competitive.”
• finding a state trial court decision to be “at most persuasive but nonbinding authority,” with the federal court instead “lookfing] to the plain language of the statute and our own interpretation ... in predicting how the state supreme court” would rule
• “[R]easonable good faith is not shown when an employer does not inquire about the law's requirements, simply follows an industry trend of not complying with the law, or violates the law in order to remain competitive.”
• declining to follow Frech in construing N.J.S.A. 34:11-56a25.2

Source: CourtListener parenthetical corpus (CC0).