United States First Circuit

In a putative class action asserting violation of the Fair Labor Standards Act (FLSA) by hospitals and health care providers, the district court's judgment is affirmed so far as it found the complaint inadequate to state an FLSA claim, but the dismissal with prejudice is vacated, and the case remanded to give the plaintiffs a final opportunity to file a sufficient complaint, where: 1) some of the information needed may have been in the control of the defendants; 2) the claim looked plausible based on what was known; and 3) the plaintiffs' counsel were genuinely uncertain about the specificity the district court wanted.

Appellate Information

• Decided 04/18/2012
• Published 04/18/2012

Judges

• Boudin

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Guy A. Talia, Barry J. Miller