2010 January | Herrington Law, PA- Mississippi Personal Injury Lawyer

Here are some brief points to keep in mind if you’re ever faced with litigating a Fair Labor Standards Act case and you think it might be appropriate to bring it as a class action.

Technically, there is no class action mechanism in a Fair Labor Standards Act (“FLSA”) case. Per the FLSA, class actions are called “collective actions.”
In a FLSA collective action, class members have to opt in. In Rule 23 class actions, generally speaking, absent class members are automatically in the class, but may opt out.
The filing of a class action complaint tolls the statute of limitations for absent class members. The filing of a FLSA collective action does not toll the statute of limitations for other class members. Their statutes of limitations continue to run until they formally consent to be included in the collective action.
In Rule 23 class actions, the court engages in a comprehensive review of the rule to ensure that the prerequisites are met. In FLSA collective actions, the threshold inquiry is rather cursory.

The full text of the FLSA’s Section 216(b) can be found here and Rule 23 of the Federal Rules of Civil Procedure is located here.

Herrington Law, PA is a consumer/personal injury litigation firm located in Jackson, Mississippi.

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Recently, the United States District Court for the District of New Jersey granted preliminary approval of a class-wide settlement in a class action lawsuit over sales and marketing claims related to the prescription drugs Zetia and Vytorin.

The settlement agreement is here. Some of the details of the settlement are as follows:

You may get some of the purchase price for these drugs back if you bought them during the period of November 1, 2002 through September 17, 2009;

Claims related to bodily injury or death are NOT included in the settlement. So, you can participate in the settlement to receive some of your money back that you spent on Vytorin/Zetia, but your right to seek damages if you were hurt by the drug(s) remain in tact;

All other claims are released including claims of fear of injury, medical monitoring, etc.;

The deadline for opting out is January 15, 2010;

The fairness hearing for final approval is February 8, 2010;

For further details, click here.

Herrington Law, PA is proceeding with claims related to bodily injury. If you have been hurt, or a loved one has died, from taking Vytorin and/or Zetia, click here for a free, and quick, consultation. Or, you can call us at 601.376.9331.

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