No. 21-1107

FTS USA, LLC, et al. v. Edward Monroe, et al.

Lower Court: Sixth Circuit
Docketed: 2022-02-10
Status: Denied
Type: Paid
Response Waived
Tags: class-certification collective-action damages due-process fair-labor-standards-act representative-sample representative-testimony seventh-amendment
Latest Conference: 2022-03-04
Question Presented (from Petition)

1. Whether the Fair Labor Standards Act and the Due Process Clause permit a collective action to be certified and tried to verdict based upon testimony from a small subset of the putative Respondents, without either any statistical or other similarly reliable showing that the experiences of those who testified are typical and can reliably be extrapolated to the entire class, or a jury finding that the testifying witnesses are representative of the absent Respondents.

2. Whether the procedure for determining damages upheld by the Sixth Circuit, in which the district court unilaterally determined damages without any jury finding, violates the Seventh Amendment and improperly resulted in an improper aggregate judgment.

3. Whether the District Court was authorized to enter an aggregate judgment in spite of the fact that recovery under the Fair Labor Standards Act is compensatory in nature and should be entered in individualized judgments.

Question Presented (AI Summary)

Whether the Fair Labor Standards Act and the Due Process Clause permit a collective action to be certified and tried to verdict based upon testimony from a small subset of the putative Respondents, without either any statistical or other similarly reliable showing that the experiences of those who testified are typical and can reliably be extrapolated to the entire class, or a jury finding that the testifying witnesses are representative of the absent Respondents

Docket Entries

2022-03-07
Petition DENIED.
2022-02-16
DISTRIBUTED for Conference of 3/4/2022.
2022-02-10
Waiver of right of respondent Edward Monroe to respond filed.
2022-02-07
Petition for a writ of certiorari filed. (Response due March 14, 2022)

Attorneys

Edward Monroe
Adam William HansenApollo Law LLC, Respondent
FTS USA, LLC and Unitek USA, LLC
Colin D. DoughertyFOX ROTHSCHILD LLP, Petitioner