This case was filed as a collective action under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. and also asserted individual claims for retaliation. It’s particularly useful because it addresses a motion for partial summary judgment as to the individual retaliation claim, and takes the form of a report & recommendation by the magistrate judge, which was affirmed by the district judge. I have attached both orders to the analysis below.
I had an old law school professor tell me once that the number one thing most lawyers wanted to know about federal court was how to get out, and thus if I really wanted to make friends I should focus on removal and remand in my “federal update” papers. I then had an even older partner once tell me that it’s a fool’s errand to try to persuade a judge that they made a mistake.
Thus a case in which a party not only succeeded in getting out of federal court via a successful remand, but by way of convincing a court that its prior order denying remand was erroneous would be of interest, no? Well, that’s what we have in this case arising out of a fatal Florida auto accident
Plaintiff sought to compel the defendants to produce information regarding their post-incident investigation. Judge Crone granted the motion in part, as set forth below, and provides a useful analysis of some not often encountered exceptions (and exceptions to exceptions) to the attorney work product doctrine dealing with witness statements.