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View Diary: Conservative Supremes thwart fair wages claim, and Kagan lets 'em have it. (166 comments)

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  •  Well, as this wasn't a class action (8+ / 0-)

    (see Adam's comment above) that wouldn't work.  Class actions seek class remedies.  But you're right that, at a minimum, they'll surely try!

    Plaintiffs' Employment Law Attorney (harassment, discrimination, retaliation, whistleblowing, wage & hour, &c.) in North Orange County, CA.

    "I love this goddamn country, and we're going to take it back."
    -- Saul Alinsky

    by Seneca Doane on Tue Apr 16, 2013 at 01:46:34 PM PDT

    [ Parent ]

    •  Wasn't exactly styled that way (7+ / 0-)

      in the complaint because of the specific kind of cause of action brought-collective action under the statute really seems close to class action generally.  

      Camel's nose.  And do you really think the 5 would pass up an oppty to harm class actions?

      "To recognize error, to cut losses, to alter course, is the most repugnant option in government." Historian Barbara Tuchman

      by Publius2008 on Tue Apr 16, 2013 at 01:54:13 PM PDT

      [ Parent ]

      •  I know: hence, "this worries me" (2+ / 0-)
        Recommended by:
        Joieau, whaddaya

        My point is just that the precedent can't actually be used for this purpose.  However, I think that Justice Kagan is whistling in the graveyard in saying that it's essentially meaningless.

        Plaintiffs' Employment Law Attorney (harassment, discrimination, retaliation, whistleblowing, wage & hour, &c.) in North Orange County, CA.

        "I love this goddamn country, and we're going to take it back."
        -- Saul Alinsky

        by Seneca Doane on Tue Apr 16, 2013 at 03:57:57 PM PDT

        [ Parent ]

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