Legal Opinion
Garcia v. Skanska USA Bldg., Inc.
Court of Appeals for the D.C. Circuit
Decided August 24, 2018No. Civil Action No. 17-cv-0629 (DLF)PublishedCited by 3 opinions
1Opinion of the Court
DABNEY L. FRIEDRICH, United States District Judge
Mario Menjivar Garcia and his coworkers allege that their employers deliberately underpaid them for carpentry work on public buildings in the District of Columbia. The employers ask this Court to dismiss the suit under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim, arguing that the Davis-Bacon Act forecloses any cause of action-whether under the Act itself, the Fair Labor Standards Act, or state labor laws-outside the Act's administrative scheme. Because the Davis-Bacon Act is not so expansive, the Court…
2Cases cited28 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Charles Kowal v. MCI Communications CorporationCourt of Appeals for the D.C. Circuit · 1994
- Dolly Kyle Browning and Direct Outstanding Creations Corporation v. William Jefferson ClintonCourt of Appeals for the D.C. Circuit · 2002
- Wyeth v. LevineSupreme Court of the United States · 2009
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3Cited by3 opinions
- Cruz v. Jimenez Construction LLCDistrict Court, District of Columbia · 2023
- Dow v. Hc2, Inc.District Court, District of Columbia · 2019
- Rimaihi v. Avitecture, Inc.District Court, District of Columbia · 2022