No. 22-396

Christa Fischer, et al. v. Federal Express Corp., et al.

Lower Court: Third Circuit
Docketed: 2022-10-27
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: bristol-myers bristol-myers-squibb collective-action due-process due-process-clause fair-labor-standards-act opt-in-plaintiffs personal-jurisdiction service-of-process
Key Terms:
Arbitration ERISA DueProcess FifthAmendment WageAndHour Privacy ClassAction JusticiabilityDoctri
Latest Conference: 2023-03-03 (distributed 2 times)
Question Presented (AI Summary)

Whether a federal court has the authority, absent general personal jurisdiction over the defendant or the defendant's consent, to maintain a Fair Labor Standards Act collective action that includes opt-in plaintiffs who worked for the defendant outside the state where the court is located

Question Presented (OCR Extract)

QUESTION PRESENTED The Fair Labor Standards Act permits employees to sue for unpaid minimum wages and overtime compensation on “behalf of...themselves and other employees similarly situated.” 29 U.S.C. § 216(b). In these collective actions, similarly situated employees opt into the case by filing their “consent in writing” with the court. Id. The question presented is: Whether a federal court has the authority, absent general personal jurisdiction over the defendant or the defendant’s consent, to maintain a Fair Labor Standards Act collective action that includes opt-in plaintiffs who worked for the defendant outside the state where the court is located.

Docket Entries

2023-03-06
Petition DENIED.
2023-02-15
DISTRIBUTED for Conference of 3/3/2023.
2023-02-15
2023-01-30
Brief of respondents Federal Express Corp., et al. in opposition filed.
2022-12-12
Motion to extend the time to file a response is granted and the time is extended to and including January 30, 2023.
2022-12-09
Motion to extend the time to file a response from December 29, 2022 to January 30, 2023, submitted to The Clerk.
2022-11-29
Response Requested. (Due December 29, 2022)
2022-11-22
DISTRIBUTED for Conference of 12/9/2022.
2022-11-15
Waiver of right of respondent Federal Express Corp., et al. to respond filed.
2022-10-24
Petition for a writ of certiorari filed. (Response due November 28, 2022)

Attorneys

Christa Fischer, et al.
Adam William HansenApollo Law LLC, Petitioner
Adam William HansenApollo Law LLC, Petitioner
Federal Express Corp., et al.
David B. SalmonsMorgan, Lewis & Bockius LLP, Respondent
David B. SalmonsMorgan, Lewis & Bockius LLP, Respondent
Frederick L. DouglasFederal Express Corporation, Respondent
Frederick L. DouglasFederal Express Corporation, Respondent