Case Citator › O'BRIEN v. Ed Donnelly Enterprises, Inc.

O'BRIEN v. Ed Donnelly Enterprises, Inc.

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Sixth Circuit
Citation
575 F.3d 567
Decided
Confirmed treatments
2
Flagged citations read
189 of 189
Citing cases (total)
403
Treatment dates
2016–2025
Abrogated
A reviewed court treats this case as abrogated by later authority. O'BRIEN v. Ed Donnelly Enterprises, Inc. has been abrogated on one ground: the 2 confirmed treatments are listed below. Bridging Communities Inc. v. Top Flite Financial Inc. recognized that the Supreme Court's intervening decision in Campbell-Ewald Co. v. Gomez abrogated O'Brien's rule that an unaccepted Rule 68 offer could moot a plaintiff's claim.
More on how this was screened

Li v. Chung LLC later declined to follow O'Brien's suggestion that an employee who opts into an FLSA collective action may thereby become a plaintiff to state-law claims. All 189 flagged citations have been read. The other reviewed opinions applied O'Brien's FLSA collective-action rules or copied history parentheticals reporting Campbell-Ewald's act.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

403 later cases cite O'BRIEN v. Ed Donnelly Enterprises, Inc.; 189 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on O'BRIEN v. Ed Donnelly Enterprises, Inc.?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • The Supreme Court abrogated O'Brien's rule that an unaccepted Rule 68 offer of complete relief moots a plaintiff's claim.

    Campbell-Ewald Co. v. Gomez · Supreme Court of the United States · filed

    In sum, an unaccepted settlement offer or offer of judgment does not moot a plaintiff's case, so the District Court retained jurisdiction to adjudicate Gomez's complaint.
    Read the full opinion on CourtListener →

Declined to Follow

  • The court declined to follow O'Brien's suggestion that opting into an FLSA collective action can make an employee a plaintiff to state-law claims, adopting the contrary view that Section 216(b) does not authorize such an opt-in.

    Li v. Chung LLC · W.D. Va. · filed

    Other courts, by contrast, have held or suggested that a party who opts into an FLSA collective action may become a plaintiff to any state-law claims. See O’Brien v. Ed Donnelly Enters., Inc., 575 F.3d 567, 580 (6th Cir. 2009), abrogated on other grounds by Campbell-Ewald Co. v. Gomez, 577 U.S. 153 (2016); McCoy v. Transdev Servs., Inc., Civ. Action No. DKC 19-2137, 2021 WL 962534, at *8 (D. Md. Mar. 15, 2021); Hicks v. T.L. Cannon Corp., 35 F. Supp. 3d 329, 339 (W.D.N.Y. 2014). This court is more persuaded by the reasoning of the courts that have held § 216(b) does not authorize an opt-in to state-law claims.
    Read the full opinion on CourtListener →

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