Legal Opinion
Usery v. Chef Italia
District Court, E.D. Pennsylvania
Decided June 3, 1982No. Civ. A. 76-3011PublishedCited by 12 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
JOHN MORGAN DAVIS, Senior District Judge.
The issue, in this Fair Labor Standards Act 1 [hereafter the Act] litigation, is whether alleged violations of the Act’s minimum wage provisions (§ 6) 2 for which both injunctive relief and liquidated damages are sought, are cognizable by this court when pursued as an adjunct to a petition for adjudication of civil contempt to enforce the court’s prior judgment enjoining future violations of section 7 of the Act. 3 I conclude that it is improper to permit this independent action to assume such an abnormal procedural posture but, for…
2Cases cited28 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Walker v. Armco Steel Corp.Supreme Court of the United States · 1980
- Schlesinger v. CouncilmanSupreme Court of the United States · 1975
- Owens v. Aetna Life & Casualty Co.Supreme Court of the United States · 1981
- Continental Collieries, Inc. v. ShoberCourt of Appeals for the Third Circuit · 1942
23 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Laffey v. Northwest Airlines, Inc.Court of Appeals for the D.C. Circuit · 1984
- Galgay v. GangloffDistrict Court, M.D. Pennsylvania · 1987
- Standard Chlorine of Delaware, Inc. v. SinibaldiDistrict Court, D. Delaware · 1992
- Hopkinson v. HopkinsonSupreme Court of Pennsylvania · 1984
- Killian v. McCullochDistrict Court, E.D. Pennsylvania · 1994
7 more not listed; retrieve them via the Exa API.