Simpson v. Allain

How courts have described this case

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

• recognizing that a court may take “judicial notice on a motion to dismiss of filings in state or federal court.”
• holding that requirement was met by plaintiff's filing affidavit to motion to conditionally approve case as FLSA collective action in which plaintiff stated he was a plaintiff in the action
• noting, after collecting cases, that “none of the cited cases require that a written consent to join an FLSA collective action take any specific form, other than being written and filed with the court”
• collecting cases for the proposition that “courts have routinely found that § 256’s requirement is satisfied where a named plaintiff files a sworn declaration with the court stating that he or she is the named plaintiff in a collective action”
• declaration with same averments as in Mendez satisfies § 256 consent requirement.

Source: CourtListener parenthetical corpus (CC0).