Case Status
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BREUER, PHILLIP T. v. JIM'S CONCRETE OF BREVARD (35438)
Order dated: 01/10/03Docket number: 02-337
Action:
The petition for a writ of certiorari is granted. The brief of petitioner is to be filed with the Clerk and served on opposing counsel on or before 3 p.m., Friday, February 14, 2003. The brief of respondent is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, March 10, 2003. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, March 24, 2003. Rule 29.2 does not apply.
BREUER, PHILLIP T. v. JIM'S CONCRETE OF BREVARD (35438)
Order dated: 03/24/03Docket number: 02-337
Action:
The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.
A description of the questions presented by the case has been prepared:
Whether an action commenced in state court under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 201, et seq., (theFLSA), can be removed by the defendant to a federal district court, even though the FLSA expressly provides that the case can be maintained in state court? Whether the Eleventh Circuit's Interpretation of the word maintained as used in the jurisdictional provisions of the FLSA conflicts with this Court's pronounced definition of the word maintain' to be used when construing federal statutes? When the conflict, disparity and deadlock of opinion between the Eleventh and First Circuits and the Eighth Circuit, and between dozens of district courts around the country, regarding whether FLSA actions commenced in state court are removable to federal court, warrants that this Court, as suggested by the Eleventh Circuit in its opinion below, grant this petition to resolve the question once and for all in order to bring uniformity to the federal courts, and eliminate widespread disparity between litigants in our federal system.
An opinion has been handed down: