Legal Opinion
Ramos v. HE Butt Grocery Company
District Court, S.D. Texas
Decided March 24, 1986No. Civ. A. L-85-85PublishedCited by 6 opinions
1Opinion of the Court
ORDER
KAZEN, District Judge.
The Defendants assert that this Court has original jurisdiction by virtue of the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. § 216(b), and have petitioned for removal pursuant to 28 U.S.C. § 1441. The Plaintiffs contend that Congress has expressly provided for an exception to removal in section 216(b) and have moved to remand. The narrow issue before the Court is whether Congress intended section 216(b) to bar removal jurisdiction. Both sides have cited various nationwide district court decisions in support of their respective positions.
Section 216(b) of the…
2Cases cited6 opinions
- Curtis P. BALDWIN, Plaintiff-Appellant, v. SEARS, ROEBUCK AND COMPANY, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1982
- Wilkins v. Renault Southwest, Inc.District Court, N.D. Texas · 1964
- Carter v. Hill & Hill Truck Line, Inc.District Court, S.D. Texas · 1966
- Barrett v. McDonald's of Oklahoma CityDistrict Court, W.D. Oklahoma · 1976
- Nieves v. DeshlerDistrict Court, D. Puerto Rico · 1983
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Breuer v. Jim's Concrete of Brevard, Inc.Court of Appeals for the Eleventh Circuit · 2002
- Esquivel v. St. Andrews ConstructionDistrict Court, N.D. Texas · 1998
- H & R BLOCK, LTD. v. HousdenDistrict Court, E.D. Texas · 1998
- Lopez v. Wal-Mart Stores, Inc.District Court, S.D. Texas · 2000
- Chapman v. 8th Judicial Juvenile Probation BoardDistrict Court, E.D. Texas · 1998
1 more not listed; retrieve them via the Exa API.