Waters v. Day & Zimmermann NPS, Inc.
| Docket Number | 20-1997 |
| Decision Date | 13 January 2022 |
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41 cases
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Fischer v. Fed. Express Corp.
...minimum contacts with the entire nation—the test of the constitutional limit under the Fifth Amendment. See Waters v. Day & Zimmermann NPS, Inc. , 23 F.4th 84 (1st Cir. 2022). We join the Sixth and Eighth Circuits and hold that, where the basis of personal jurisdiction in an FLSA collective......
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Tassinari v. Salvation Army Nat'l Corp.
...which incorporates the Fourteenth Amendment standard. In addition, and as discussed infra, the recent First Circuit decision Waters v. Day & Zimmermann NPS, Inc. dictates the personal jurisdiction analysis of Espinosa, Owens, and Anderson's claims as they were added as Plaintiffs in an amen......
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Wilkerson v. Walgreens Specialty Pharmacy LLC
...—, 142 S. Ct. 2777, 213 L.Ed.2d 1015 (2022); Vallone v. CJS Sols. Grp., 9 F.4th 861, 864-66 (8th Cir. 2021); Waters v. Day & Zimmermann NPS, Inc., 23 F.4th 84, 91-99 (1st Cir. 2022), cert denied, 213 U.S. 1016, 142 S. Ct. 2777, 213 L.Ed.2d 1016 (2022). Of course, none of these decisions are......
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Costellow v. Becht Engineering Co. Inc.
...Id.Circuit courts across the country have struggled to apply Bristol-Myers to FLSA collective actions. Compare Waters v. Day & Zimmermann NPS, Inc. , 23 F.4th 84 (1st Cir. 2022) (finding that Bristol-Myers does not apply to FLSA collective actions) (petition for certiorari filed), with Cana......
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4 firm's commentaries
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First Circuit Addresses Bristol-Myers' Impact On Nationwide Actions Brought In Federal Court
...to consider how Bristol-Myers applies to other forms of multi-party actions. Footnotes 1. 137 S. Ct. 1773 (2017). 2. Id. at 1781, 1783. 3. 23 F.4th 84 (1st Cir. 4. 137 S. Ct. at 1784. 5. Id. at 1781. 6. The Supreme Court expressly left open the question of whether the holding in Bristol-Mye......
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The Third Circuit Decides “We’re (Not) Nationwide”
...their claims “arise out of or relate to a defendant’s minimum contacts with the entire nation.” See Waters v. Day & Zimmermann NPS Inc., 23 F.4th 84 (2022). The court there found that barring out-of-state opt-ins would “frustrate” the purposes of an FLSA collective action and permitting emp......
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Third Circuit joins Sixth, Eighth Circuits in insulating employers from nationwide FLSA collective actions in states where they are not subject to general jurisdiction
...392 (6th Cir. 2021). [2] See Vallone v CJS Solutions Group, LLC, 9 F.4th 861 (8th Cir. 2021). [3] See Waters v Day & Zimmerman NPS, Inc., 23 F.4th 84 (1st Cir....
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Littler Lightbulb ' March Employment Appellate Roundup
...opt-in plaintiffs in FLSA collective actions. In contrast, a divided First Circuit held in Waters v. Day & Zimmerman NPS, Inc., 23 F.4th 84, 97 (1st Cir. 2022) that out-of-state plaintiffs may join an FLSA collective action finding that the FLSA was designed to enable large-scale collective......
1 books & journal articles
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Jurisdiction at Work: Specific Personal Jurisdiction in Flsa Collective Actions After Bristol-myers Squibb
...500% from 1994 to 2014; it now is 3% of the entire federal civil docket . . . ."); see generally Waters v. Day & Zimmermann NPS, Inc., 23 F.4th 84 (1st Cir. 2022), petition for cert. filed, No. 21-1192 (U.S. Feb. 25, 2022); Vallone v. CJS Sols. Grp., LLC, 9 F.4th 861 (8th Cir. 2021); Canada......