Lindsay v. Gov't Employees Ins. Co., 05-7046
An order denying class certification in an action brought by adjusters against their employer, an insurer, alleging violations of the Fair Labor Standards Act (FLSA) and state law is reversed where the district court erred in finding that the FLSA class certification procedure requiring all class members to affirmatively opt in precluded it from exercising supplemental jurisdiction over state law claimants who did not affirmatively join the FLSA claim.
- Argued 12/02/2005
- Decided 05/26/2006
- Published 05/26/2006
Before: HENDERSON, ROGERS and BROWN, Circuit Judges.
Charles E. Tompkins argued the cause for the appellant. Michael D. Hausfeld, Thomas V. Urmy, Jr., and Todd Heyman were on brief.
Eric Hemmendinger argued the cause for the appellee. Bruce S. Harrison and Daniel A. Cantor were on brief.