Petition of the day

Petition of the dayThe petition of the day is: FTS USA, LLC v. Monroe 17-637 Issues: (1) Whether the Fair Labor Standards Act and the due process clause permit a collective action to be certified and tried to verdict based on testimony from a small subset of putative plaintiffs without either any statistical or other similarly reliable showing that the […]

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Petition of the day

The petition of the day is:

17-637

Issues: (1) Whether the Fair Labor Standards Act and the due process clause permit a collective action to be certified and tried to verdict based on testimony from a small subset of putative plaintiffs without either any statistical or other similarly reliable showing that the experiences of those who testified are typical and can be reliably be extrapolated to the entire class, or a jury finding that the testifying witnesses are representative of the absent plaintiffs; and (2) whether the procedure for determining damages upheld by the U.S. Court of Appeals for the 6th Circuit, in which the district court unilaterally determined damages without any jury finding, violates the Seventh Amendment.

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