Opt-In, Opt-Out Claims Can't Coexist In Suit: Judge

Law360, New York (February 19, 2008, 12:00 AM EST) -- A court ruled on Tuesday that federal and state employment collective action claims against a FedEx subsidiary could not coexist in the same lawsuit because the state law requires plaintiffs to opt out of the suit, while federal law requires them to opt in.

Judge Thomas Vanaskie, of the U.S. District Court for the Middle District of Pennsylvania, struck state law claims brought against FedEx Freight Inc. by an employee, while allowing federal law claims to stand.

Judge Vanaskie also denied a motion by named plaintiff...
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