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Breuer v. Jim's Concrete

Docket No.: 02-337
Certiorari Granted: Jan 10 2003
Argued: April 2, 2003
Decided: May 19, 2003

Topics:

Fair Labor Standards, Judicial Power, Jurisdiction of Federal Courts, 28 U.S.C. 1441, ADEA, Age Discrimination in Employment Act, Anti-Injunction Act, Civil Rights Act, Discrimination in Employment, ERISA, FLSA, Fair Labor Standards Act, Fifth Amendment, Fourteenth Amendment, Securities Act of 1933, Supremacy Clause, Title VII, copyright, equitable relief, patent, trademark

PartyNames: Phillip T. Breuer v. Jim's Concrete of Brevard, Inc.
Petitioner: Phillip T. Breuer
Respondent: Jim's Concrete of Brevard, Inc.

Court Below: United States Court of Appeals for the Eleventh Circuit
Citation: CA 11, 292 F.3d 1308. QUESTIONS PRESENTED FOR REVIEW: Whether an action commenced in state court under the Fair Labor Standards Act of1938, as amended, 29 U.S.C. ยง 201, et s eq., (the "FLSA"), can be removed by the defendant to a federal district court, even though the FLSA expressly provides thatthe case can be "maintained" in state court?
Lower Court Decision
Supreme Court Docket

Phillip T. Breuer
v.
Jim's Concrete of Brevard, Inc.
538 U.S. 691 (2003)
Question:

In providing for suits under the FLSA, did Congress bar removal of such actions from state to federal court?

Breuer v. Jim's Concrete
ORAL ARGUMENT

April 2, 2003

Holding: affirmed
Decision: Decision: 9 votes for Jim's Concrete, 0 vote(s) against
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