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


  • Debra Ann Livingston


  • United States Second Circuit


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