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Symczk sued under the Fair Labor Standards Act
(FLSA) on behalf of herself and all others similarly situated. This was a
section 216(b) collective action. The defendants extended an offer of judgment
under Fed. R. Civ. P. 68 in full satisfaction of her alleged damages, fees, and
costs - prior to her moving for conditional certification and prior to other
potential plaintiffs opting in. The trial court dismissed the suit. The 3rd
Circuit reversed, finding that the suit was not moot under Article III. The
court adopted the "relation back" doctrine to the filing of the
complaint used in class certification cases (Rule 23), where a Rule 68 offer had
been made; and applied the doctrine to section 216(b) representative cases. The
US Supreme Court granted certiorari to review the 3rd Circuit judgment.
Case below: Symczyk
v. Genesis HealthCare Corp (3rd Cir 08/31/2011)
Official docket
sheet
Certiorari granted: June 25, 2012
Oral argument: December 3, 2012
Questions presented in petition for certiorari:
Whether a case becomes moot, and thus beyond the
judicial power of Article III, when the lone plaintiff receives an offer from
the defendants to satisfy all of the plaintiff's claims.
Briefs on the merits:
- Brief
for Petitioner Genesis Healthcare Corporation and Eldercare Resources
Corporation
- Brief
for Respondent Laura Symczyk
- Reply
Brief for Petitioner Genesis Healthcare Corporation
- Brief
for ACA International in Support of Petitioners
- Brief
for the Chamber of Commerce of the United States of America, the American
Health Care Association, the National Federation of Independent Business,
the National Center for Assisted Living, and the Society for Human Resource
Management in Support of Petitioners
- Brief
for DRI—The Voice of the Defense Bar in Support of Petitioners
- Brief
for the Equal Employment Advisory Council in Support of Petitioners
- Brief
for the American Federation of Labor and Congress of Industrial
Organizations in Support of Respondent
- Brief
for the Impact Fund, Asian Law Caucus, Asian Pacific American Legal Center
of Southern California, Bet Tzedek, Disability Rights California, the
Lawyers’ Committee for Civil Rights Under Law, the Legal Aid Society –
Employment Law Center, Public Advocates, Inc., Public Counsel, the Public
Interest Law Project, Public Justice, P.C., and the Western Center on Law
and Poverty in Support of Respondent
- Brief
for the National Employment Lawyers Association, et al., in Support of
Respondent
- Brief
for Service Employees International Union, National Women’s Law Center,
Change to Win, National Partnership for Women and Families, National
Consumer League and National Consumer Voice for Long Term Care in Support of
Respondent
- Brief
for Scholars Stephen B. Burbank, John C. Coffee, Jr., Cynthia Estlund, and
David L. Shapiro, in Support of Respondent and Urging Affirmance
- Brief
for the United States in Support of Affirmance
Certiorari Documents:
Counsel:
-
For Petitioners: Ronald J. Mann; 435 West 116th Street; New York, NY 10025;
(212) 854-1570.
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For Respondent: Gary F. Lynch; Carlson Lynch LTD; 36 N Jefferson
Street; P.O. Box 7635; New Castle, PA 16107; glynch@carlsonlynch.com;
(724) 656-1555.
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