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Harry's Nurses Registry, et al. v. Claudia Gayle, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 18-3472 · judgment January 24, 2020

Certiorari denied · May 26, 2020

Pre-decision estimate: 5% cert probability

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Second Circuit decision below, and a petition filed soon after the judgment below.

Question presented

Is the finding that the employer has violated Section 206 or Section 207 of the Fair Labor Standards Act, 29 U.S.C. § 201 et. seq, a condition precedent that must occur before an employee’s private right of action is triggered under Section 216(b)?

Counsel of record

For petitioner
Michael James Confusione
Hegge & Confusione

For respondent
Jonathan Adam Bernstein
Meenan & Associates, LLC

Case

Conference history
Distributed for 1 conference

Proceedings

May 26 2020
Petition DENIED.
May 05 2020
DISTRIBUTED for Conference of 5/21/2020.
Apr 29 2020
Waiver of right of respondent Claudia Gayle, et al. to respond filed.
Apr 07 2020
Petition for a writ of certiorari filed. (Response due May 13, 2020)