Legal Opinion
Reed v. Livingston Auto Center, Inc.
Court of Appeals for the Ninth Circuit
Decided August 4, 2005No. 04-35318; D.C. No. CV-03-00074-RFCPublished
1Opinion of the Court
MEMORANDUM**
While claimants are not required to exhaust administrative remedies before filing in the courts, it is clear that plaintiffs cannot pursue relief in successive forums. Von Petersdorff v. Kenyon Noble Lumber Co., 325 Mont. 94, 103 P.3d 1082, 1085 (2004)(“a claimant under the Act has the option of seeking redress in either administrative proceedings or in the district court.” (emphasis in original)).
Even in the absence of this precedent, it is clear that Reed’s claims were barred by res judicata. Reed had already received the full amount of overtime wages she was owed; this…
2Cases cited3 opinions
- Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
- Wage Claims of Chagnon v. Hardy Construction Co.Montana Supreme Court · 1984
- Von Petersdorff v. Kenyon Noble Lumber Co.Montana Supreme Court · 2004