POSADA v. CULTURAL CARE, INC.

No. 21-1676.

66 F.4th 348 (2023)

Karen Morales POSADA; Amanda Sarmento Ferreira Guimaraes; Williana Rocha; Sara Barrientos, individually and on behalf of all others similarly situated, Plaintiffs, Appellees, v. CULTURAL CARE, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

April 26, 2023.


Attorney(s) appearing for the Case

Kathleen M. Sullivan , with whom William B. Adams , Harvey J. Wolkoff , Alex H. Loomis , Gavin S. Frisch , and Quinn Emanuel Urquhart & Sullivan, LLP, were on brief, for appellant.

David H. Seligman , with whom Towards Justice , Peter Rukin , Rukin Hyland & Riggin LLP, Matthew C. Helland , and Nichols Kaster, LLP, were on brief, for appellees.

Brian M. Boynton , Principal Deputy Assistant Attorney General, Civil Division, Department of Justice, Michael S. Raab , Appellate Staff, Civil Division, Department of Justice, Gerard Sinzdak , Appellate Staff, Civil Division, Department of Justice, Rachael S. Rollins , United States Attorney, and Richard C. Visek , Acting Legal Advisor, U.S. Department of State, on brief for amicus curiae United States.

Ira J. Kurzban , Helena M. Tetzeli , Edward F. Ramos , Elizabeth Montano , Kurzban Kurzban Tetzeli & Pratt P.A., on brief for amicus curiae Alliance for International Exchange.

Dawn L. Smalls , Ann O'Leary , Illyana A. Green , and Jenner & Block LLP, on brief for amici curiae National Domestic Workers Alliance, National Employment Law Project, and Economic Policy Institute.

Before Barron, Chief Judge, Lipez and Howard, Circuit Judges.


This appeal concerns Yearsley v. W.A. Ross Construction Company, in which the Supreme Court of the United States held that "there is no ground for holding [an] agent [of the Government] liable" for actions "authorized and directed" by the Government and taken "under" Government ...

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