· 8/9/2012
Victor Zavala v. Wal Mart Stores Inc
Citations
- 691 F.3d 527
- 19 Wage & Hour Cas.2d (BNA) 1033
- 2012 WL 3217522
- 2012 U.S. App. LEXIS 16610
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the standard is whether the proposed collective plaintiffs are “similarly situated”
- concluding, under federal law, that “a single predicate act is not a pattern of predicate acts and therefore cannot support a RICO claim”
- explaining that at the “final certification” stage’s “similarly situated” analysis, plaintiffs “may also be found dissimilar based on the existence of individualized defenses.”
- reasoning that ‘similarly situated’ “means that one is subjected to some common employer practice that, if proved, would help demonstrate a violation of the FLSA”
- explaining that conditional certification of an FLSA collective action is “not really certification” but instead an exercise of the court's discretionary authority “to facilitate the sending of notice to potential class members.”
- explaining that conditional certification of an FLSA collective action is “not really a certification” but instead an exercise of the court's discretionary authority “to facilitate the sending of notice to potential class members.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Fuentes, Smith, Jordan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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