Today at 10:00 a.m. Eastern, the U.S. Supreme Court will hear oral argument in Genesis HealthCare Corp. v. Symczyk, no. 11-1059. This case involves whether a defendant may "pick off" the named plaintiff in a FLSA collective action by offering full, individual relief to that plaintiff.
Oral argument transcripts are generally posted on the Supreme Court's website later the same day. The transcript in this case should be available this afternoon at this link.
My previous post on this case is here. The case is worth following because it could potentially impact how courts approach attempts to "pick off" the class representative in a Rule 23 class action. Last year, the Ninth Circuit held that such "picking off" is not permitted. Pitts v. Terrible Herbst, Inc., 653 F.3d 1081 (9th Cir. 2011) (discussed in this blog post). In this case, the Third Circuit agreed in the FLSA context. Symczyk v. Genesis HealthCare Corp., 656 F.3d 189 (3d Cir. 2011).
SCOTUSblog has a detailed oral argument preview as well as a case page with links to all of the briefs. One interesting development is that the Solicitor General filed an amicus brief supporting affirmance and has requested oral argument time.
UPDATE: The ever-reliable SCOTUSblog has a detailed recap of the argument.