JOHNSON v. DIAKON LOGISTICS, INC.

No. 21-2886.

44 F.4th 1048 (2022)

Timothy JOHNSON and Darryl Moore, on behalf of a class, Plaintiffs-Appellants, v. DIAKON LOGISTICS, INC., and William C. Jarnagin, Jr., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 17, 2022.


Attorney(s) appearing for the Case

Harold L. Lichten , Olena Savytska , Attorney, Lichten & Liss-Riordan, P.C, Boston, MA, Bradley Manewith , Attorney, Siegel Law Group Ltd., Chicago, IL, for Plaintiffs-Appellants.

Charles Andrewscavage , Andrew J. Butcher , Attorney, Scopelitis, Garvin, Light, Hanson & Feary, PC, Chicago, IL, James Anthony Eckhart , Attorney, Scopelitis, Garvin, Light, Hanson & Feary, P.C., Indianapolis, IN, Elizabeth Ashley Paynter , Attorney, Scopelitis, Garvin, Light, Hanson & Feary, P.C., Seattle, WA, for Defendants-Appellees Daikon Logistics, William C. Jarnagin, Jr.

Noah A. Finkel , Attorney, Seyfarth Shaw LLP, Chicago, IL, for Defendant Innovel Solutions Inc., formerly known as Sears Logistics Services, Inc. and Sears Roebuck and Co.

Sarah A. Hunger , Deputy Solicitor General, Office of the Attorney General, Chicago, IL, for Amicus Curiae State of Illinois.

Randall D. Schmidt , Attorney, Mandel Legal Aid Clinic, Chicago, IL, for Amici Curiae National Employment Lawyers' Association, National Employment Law Project, Arise Chicago.

Before Easterbrook, Wood, and Scudder, Circuit Judges.


Diakon Logistics, Inc., coordinates delivery and installation of merchandise for retailers across the nation. It is incorporated in Delaware and has its principal place of business in Virginia. Diakon provided services to Innovel Solutions, Inc., a former subsidiary of Sears, Roebuck and Co. Innovel hired Diakon to get...

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