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Patricia Cavallaro, On Behalf of Herself and All Other Employees v. Umass Memorial Healthcare, Inc.; Umass Memorial Hospitals, Inc.; Umass

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Before Boudin, Lipez and Howard, Circuit Judges.

This appeal embraces two of the many private lawsuits brought against healthcare providers throughout the country by a single law firm. These two suits, like others of the same pattern, allege that various hospital employees who work for the particular hospital or hospital group have been deprived of compensation for work performed during their meal break, for work performed before and after shifts, and for time spent attending training sessions.

The named plaintiffs, Patricia Cavallaro and Monique Herman, brought the two lawsuits at issue here seeking to represent a potential class of hospital employees–some covered by collective bargaining agreements (“CBAs”) and others not; the defendants were eight named entities (primarily hospitals and health care providers) in the UMass Memorial Healthcare network (“UMass”) and two officials of UMass (CEO John O’Brien and Human Resources VP Patricia Webb). Ultimately, the district court dismissed all but one claim on grounds of “complete preemption” and the remaining claim on the merits.*fn1

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