Albany Law professor Meredith R. Miller and graduate Grace Ann Porter examine the growing circuit split over the evidentiary standard courts must apply when deciding whether to authorize notice to potential opt-in plaintiffs in FLSA collective actions, tracing the diverging approaches of the Fifth, Sixth, Seventh, Second, and Ninth Circuits. Professor Miller and Ms. Porter argue that the emerging trend toward heightened scrutiny at the certification stage will practically narrow workers' ability to pursue collective wage and hour claims, because requiring plaintiffs to produce more substantial evidence before discovery both suppresses opt-in participation and creates a circular barrier to gathering the very evidence needed to establish similarity.
Albany Law School professor Meredith R. Miller examines the complex and evolving legal landscape of non-compete agreements in the United States, highlighting how their enforceability varies widely across states and is influenced by shifting political and legal tides, especially after the abandonment of a federal ban by the FTC. Professor Miller argues that outright bans on non-competes, as adopted by a few states, are the most effective policy approach because they provide clarity, protect workers' mobility and bargaining power, and still allow employers to safeguard their interests through less restrictive legal tools.
Touro University, Jacob D. Fuchsberg Law Center, professors Meredith R. Miller and Laura A. Dooley discuss the complexities of federal jurisdiction in cases involving limited liability companies (LLCs), suggesting an amendment to the diversity statute to simplify determining an LLC’s citizenship based on its state of creation and principal place of business. Professors Miller and Dooley evaluate the strategic implications of such a change from both procedural and business law perspectives, considering the impact on litigants’ access to federal courts, the influence of recent legislative efforts on ownership transparency, and the balance between offering fair legal proceedings and maintaining the advantages of state versus federal litigation.





