IADC Amicus Briefs.

• Date: 01 November 2022

The IADC amicus curiae program has been active in recent months. The following brief was filed by the IADC since the last Defense Counsel Journal issue:

Third Circuit Agrees with IADC Amicus Brief in Requiring Personal Jurisdiction in FLSA Cases (7/26/2022)

The IADC filed an amicus brief in the Third Circuit in Fischer v. Federal Express Corp., a Federal Labor Standards Act case dealing with the issue of personal jurisdiction. A Pennsylvania resident had filed the FLSA action in the Eastern District of Pennsylvania and individuals in New York and Maryland sought to join the case. The District Court did not allow the two opt-in plaintiffs to join, reasoning that under the U.S. Supreme Court ruling in Bristol-Myers Squibb Co. v. Sup. Ct., the district court lacked personal jurisdiction over FedEx with respect to the out-of-state claims. The opt-in plaintiffs appealed, arguing that the Bristol-Myers Squibb ruling applies only to state claims, not the FLSA.

The IADC's amicus brief explained that the...