Catherine Foti Comments on Genesis HealthCare Corp. et al. v. Laura Symczyk in Law360

April 16, 2013

Morvillo Abramowitz Partner Catherine Foti was quoted in "Lawyers Weigh In On Supreme Court's FLSA Ruling" (Law360, April 16, 2013) discussing the Supreme Court's finding in Genesis HealthCare Corp. et al. v. Laura Symczyk that a nurse's putative Fair Labor Standards Act collective action against her employer cannot proceed because the employer's offer of full relief for her individual claims rendered the case moot. Foti said that, "Although today's Supreme Court decision is limited by the assumption that the plaintiff's claim was moot, the majority's decision strongly suggests that a sufficient Rule 68 offer of settlement will extinguish a representative plaintiff's claim, thereby giving employers a mechanism by which they can cut the legs out from FLSA collective actions."