Tag Archives: Moot
S.D.Fla.: Defendants Did Not Moot FLSA Case By Tender of Unpaid Wages and Liquidated Damages Without Attorneys Fees and Costs
Diaz v. Jaguar Restaurant Group, LLC In the first post-Dionne II case, a court in the Southern District has denied an FLSA defendants’ motion to dismiss based on tender of unpaid wages and liquidated damages, absent payment of attorneys fees … Continue reading
Filed under Attorney's Fees
11th Cir.: Following Tender of Unpaid Wages and Liquidated Damages, an Employer Only Moots a Case if the Plaintiff Agrees to Dismissal, Absent Payment of Mandatory Fees and Costs
Dionne v. Floormasters Enterprises, Inc. Following a controversial opinion that created more questions than it answered, the Eleventh Circuit reconsidered it’s prior Opinion in this case and in so doing largely restricted its holding to the unique facts presented in the … Continue reading
Filed under Attorney's Fees, Wage Theft
M.D.Fla.: Defendant Does Not Moot FLSA Case By Tender of Unpaid Wages/Liquidated Damages, Absent Payment of Reasonable Attorneys Fees and Costs
Klinger v. Phil Mook Enterprises Following the recent 11th Circuit decision Dionne v. Floormasters, the blogosphere has been abuzz with articles positing that the decision gave employers the green light to engage in wholesale wage theft and take a wait … Continue reading
Filed under Offer of Judgment, Settlements
9th Cir.: Defendant in Putative Wage and Hour Class Action May Not “Pick Off” Class With OJ to Named Plaintiff
Pitts v. Terrible Herbst, Inc. This case was before the Ninth Circuit on any issue that has become more and more prevalent in recent years, with the increased wage and hour putative class and collective action filings. Specifically, the issue … Continue reading
Filed under Class Certification, Offer of Judgment
9th Cir.: Lead Plaintiffs Who Voluntarily Settle Their FLSA Claims May Not Proceed On Behalf Of The Putative Class Thereafter
Smith v. T-Mobile USA, Inc. The case was before the Court on Plaintiffs’ appeal of an Order, on reconsideration, denying Plaintiffs’ Motion for Conditional Certification. Appellants Mentha Smith and Justin Gossett — the only named plaintiffs in this case — … Continue reading
Filed under Collective Actions
