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Laura Canaday, Individually and on Behalf of All Others Similarly Situated v. The Anthem Companies, Inc.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 20-5947 · judgment August 17, 2021


Certiorari denied · June 6, 2022
Pre-decision estimate: 5% cert probability

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Sixth Circuit decision below, and down for a business respondent.

Question presented

The Fair Labor Standards Act, 29 U.S.C. § 201 et seq., permits employees to sue for unpaid minimum wages and overtime compensation on “behalf of…themselves and other employees similarly situated.” 29 U.S.C. § 216(b). In these collective actions, similarly situated employees opt into the case by filing their “consent in writing” with the court. Id. The question presented is: Whether a federal court has the authority, absent general personal jurisdiction over the defendant or the defendant’s consent, to maintain a Fair Labor Standards Act collective action that includes opt-in plaintiffs who worked for the defendant outside the state where the court is located.

Counsel of record

For petitioner
Adam William Hansen

For respondent
Brett Christopher Bartlett
Seyfarth Shaw LLP

Case

Conference history
Distributed for 2 conferences

Linked docket
21A359

Proceedings

  1. Jun 06 2022
    Petition DENIED.
  2. May 17 2022
    DISTRIBUTED for Conference of 6/2/2022.
  3. May 02 2022
    Rescheduled.
  4. Apr 26 2022
    DISTRIBUTED for Conference of 5/12/2022.
  5. Apr 25 2022
    Reply of petitioner Laura Canaday filed. (Distributed)
  6. Apr 11 2022
    Brief of respondent The Anthem Companies, Inc. in opposition filed.
  7. Mar 03 2022
    Motion to extend the time to file a response is granted and the time is extended to and including April 11, 2022.
  8. Mar 02 2022
    Motion to extend the time to file a response from March 10, 2022 to April 11, 2022, submitted to The Clerk.
  9. Feb 02 2022
    Petition for a writ of certiorari filed. (Response due March 10, 2022)
  10. Jan 26 2022
    Application (21A359) granted by Justice Kavanaugh extending the time to file until March 24, 2022.
  11. Jan 20 2022
    Application (21A359) to extend the time to file a petition for a writ of certiorari from February 21, 2022 to March 24, 2022, submitted to Justice Kavanaugh.