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Plaintiffs Must Do More Than Allege Willfulness to Sustain FLSA Claim Under Three-Year Limitation | Insights

Share On April 27, 2021, the Second Circuit Court of Appeals held in a two to one decision that a plaintiff seeking to recover damages under the Fair Labor Standards Act’s (FLSA’s) extended three-year limitations period for willful violations must do more than make a blanket allegation of “willfulness” to sustain a claim at the initial pleading stage. The case, The background facts are straightforward. Plaintiff-appellant Mark Whiteside worked for Hover-Davis as a Quality Engineer, an exempt salaried position. In January 2012, Whiteside’s duties changed, and he began performing the duties of a non-exempt Repair Organization Technician, working between 45 to 50 hours a week. Whiteside’s pay rate was not reduced when his duties changed, nor did he receive overtime compensation. After his employment terminated for economic reasons, Whiteside filed suit alleging various claims, including FLSA violations.

SHAREHOLDER ALERT: Monteverde & Associates PC Announces an Investigation of Holicity, Inc

Share this article Share this article NEW YORK, May 4, 2021 /PRNewswire/  Juan Monteverde, founder and managing partner at Monteverde & Associates PC, a national securities firm rated  Top 50 in the 2018-2020 ISS Securities Class Action Services Report and headquartered at the Empire State Building in New York City, is investigating  Holicity, Inc. ( HOL or the Company ) (HOL ) relating to its proposed merger with Astra Space, Inc. Under the terms of the agreement, HOL will acquire Astra through a reverse merger, with Astra emerging as a publicly traded company. The investigation focuses on whether Holicity, Inc. and its Board of Directors violated securities laws and/or breached their fiduciary duties to the Company by 1) failing to conduct a fair process, and 2) whether the transaction is properly valued.

Supreme Court Rejects Causation-Only Approach to Specific Personal Jurisdiction, Deeming Connection Between Plaintiffs Claims and Defendants Activities in Forum State Close Enough to Support Exercise of Jurisdiction | King & Spalding

To embed, copy and paste the code into your website or blog: On March 25, 2021, the United States Supreme Court unanimously held that the doctrine of specific personal jurisdiction does not turn solely on whether the defendants activities in the forum state “gave rise to” the plaintiff’s claims. Instead, a court may exercise personal jurisdiction in certain cases where the defendant’s in-state activities bear a sufficient connection to the plaintiff’s claims to make the exercise of jurisdiction fair and reasonable. While Ford addressed jurisdiction in the context of a product liability case, it threatens to expand jurisdiction in other types of cases and in unforeseen ways. Importantly, the plaintiffs’ and defense bars have already voiced divergent views about the import of the Court’s ruling, and (as Justice Gorsuch noted in his concurrence)

SHAREHOLDER ALERT: Monteverde & Associates PC Announces an Investigation of Galileo Acquisition Corp

Share this article Share this article NEW YORK, May 4, 2021 /PRNewswire/ Juan Monteverde, founder and managing partner at Monteverde & Associates PC, a national securities firm rated  Top 50 in the 2018-2020 ISS Securities Class Action Services Report and headquartered at the Empire State Building in New York City, is investigating  Galileo Acquisition Corp. ( GLEO or the Company ) (GLEO) relating to its proposed merger with Shapeways, Inc. Under the terms of the agreement, GLEO will acquire Shapeways through a reverse merger, with Shapeways emerging as a publicly traded company. The investigation focuses on whether Galileo Acquisition Corp. and its Board of Directors violated securities laws and/or breached their fiduciary duties to the Company by 1) failing to conduct a fair process, and 2) whether the transaction is properly valued.

URGENT: Monteverde & Associates PC Invites Romeo Power, Inc Shareholders To Contact the Firm

URGENT: Monteverde & Associates PC Invites Romeo Power, Inc Shareholders To Contact the Firm
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