Breuer v. Jim's Concrete
April 2, 2003 (02-337)
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Case Summary
This case presents the question of whether an action commenced under the Fair Labor Standards Act of 1938, 1 et seq., 29 U.S.C.A. 201 et seq., ("FLSA") can be removed from state to federal court. The Eleventh Circuit held the action removable on the ground that Congress did not expressly provide that an FLSA action, once started in state court, was not removable to federal court. It rejected the argument that such actions are not removable because FLSA provides that cases can be "maintained" in any state court of competent jurisdiction, 29 U.S.C.A. 216(b). This provision, Petitioner argued, is an expression of Congressional intent that actions once started in state court must be litigated to conclusion there. The opinion of the Eleventh Circuit is found at 292 F.3d 1308.

To see the opinion of the lower court, click here.


PREDICTED OUTCOME ACTUAL
OUTCOME
Forecasting
Model
Expert
One
Expert
Two
Expert
Three
5-4 to Reverse 9-0 to Affirm 9-0 to Affirm 9-0 to Affirm 9-0 to Affirm
VOTING TO REVERSE
Stevens
O'Connor
Souter
Ginsburg
Breyer
VOTING TO AFFIRM
Rehnquist
Scalia
Kennedy
Thomas
Rehnquist
Stevens
O'Connor
Scalia
Kennedy
Souter
Thomas
Ginsburg
Breyer
Rehnquist
Stevens
O'Connor
Scalia
Kennedy
Souter
Thomas
Ginsburg
Breyer
Rehnquist
Stevens
O'Connor
Scalia
Kennedy
Souter
Thomas
Ginsburg
Breyer
Rehnquist
Stevens
O'Connor
Scalia
Kennedy
Souter
Thomas
Ginsburg
Breyer

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