Judge Nixes CVS ‘Tactical Manipulation’ In OT Suit

Law360, New York (February 11, 2010, 5:45 PM EST) -- A federal judge has refused to dismiss an assistant store manager's wage-and-hour collective action against CVS Caremark Corp., shooting down the company's claim that the suit was moot after the plaintiff refused an offer of judgment.

Warning of the danger of “tactical manipulation” in Fair Labor Standards Act cases, Judge William Smith of the U.S. District Court for the District of Rhode Island denied a CVS dismissal motion on Tuesday.

The retailer had moved to dismiss the suit after it offered a final judgment under Rule...
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