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Breuer v. Jim's Concrete April 2, 2003 (02-337) return to case listing 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 return to case listing