Oral Arguments in Breuer v. Jim's Concrete of Brevard, and a Prediction
by Michael Fox
On April 2, the Supreme Court heard oral argument on whether or not FLSA cases filed in state courts can be removed under federal question jurisdiction. Although when certiorari was granted, it raised fears on my part, that the Court would use this as a chance to limit the dockets of federal courts. I felt better after the Solicitor General filed a brief advocating the position that such cases were removable. After reading the transcript [pdf], I am less concerned. Although predicting how a court will decide based on oral arguments can be dangerous, I would be willing to say those (like me) who believe that such cases are removable, will be happy when the decision is issued.