Advance Stores Company, Inc. V. Birthwright
Second Circuit Court of Appeals
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Case: Advance Stores Company, Inc. V. Birthwright
Court: Second Circuit Court of Appeals
Date: August 12, 2024
Summary: The brief encourages the Second Circuit to accept an interlocutory appeal of a district court’s order denying a motion to dismiss a putative class complaint alleging violations of New York Section 191 based on failure alleged manual workers on a weekly basis. The brief explains the importance of the question of whether the statute contains a private right of action and the need for appellate review, given the existing split of authority.
Coalition: The RLC led a coalition joined by: the U.S. Chamber of Commerce; the National Federation of Independent Business; the National Retail Federation; the Restaurant Law Center; the New York State Retail Association; The Business Council of New York State; the Business Council of Westchester, and the Retail Council of New York State.
Counsel: Stephanie Schuster at Morgan Lewis
Court: Second Circuit Court of Appeals
Date: August 12, 2024
Summary: The brief encourages the Second Circuit to accept an interlocutory appeal of a district court’s order denying a motion to dismiss a putative class complaint alleging violations of New York Section 191 based on failure alleged manual workers on a weekly basis. The brief explains the importance of the question of whether the statute contains a private right of action and the need for appellate review, given the existing split of authority.
Coalition: The RLC led a coalition joined by: the U.S. Chamber of Commerce; the National Federation of Independent Business; the National Retail Federation; the Restaurant Law Center; the New York State Retail Association; The Business Council of New York State; the Business Council of Westchester, and the Retail Council of New York State.
Counsel: Stephanie Schuster at Morgan Lewis