United States Second Circuit

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Myers v. Hertz Corp., 08-1037

In an action asserting claims against Hertz Rental Car for overtime violations of the Fair Labor Standards Act, and various provisions of New York state law, a denial of class certification is affirmed where the district court did not abuse its discretion in concluding that Hertz's common policy demonstrated little regarding whether the constituent issues that bore on Hertz's ultimate liability were provable in common.

Appellate Information

  • Decided 10/27/2010
  • Published 10/27/2010

Judges

  • Debra Ann Livingston

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • Robert J. Stein III, Frank B. Shuster