M'Ilvoy v. Kennedy

How courts have described this case

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

• finding superiority satisfied for class of drivers bringing misclassification claims against FedEx because “there will be one central question to resolve: were the drivers independent contractors or employees?”
• denying an “individualized statute of limitations defense” in response to a motion to decertify an FLSA collective action, stating that “the statute of limitations does not make a collective action inappropriate”
• “I cannot know with certainty what combination of the eight factors will drive the final decision on the merits. But it is highly unlikely that the few factors involving individualized evidence will be the driving determination, especially given FXG’s business model.”
• “The drivers assert that as a result of the alleged misclassification, FXG violated two Maine statutes that apply to employees, one requiring overtime pay, 26 M.R.S.A. § 664, the other prohibiting certain deductions from employee paychecks, 26 M.R.S.A. § 629.” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).