Legal Opinion

Mercier v. United States

United States Court of Federal Claims

Decided February 27, 2014No. 1:12-cv-00920PublishedCited by 8 opinions

1Opinion of the Court

ORDER AND OPINION

KAPLAN, Judge.

This ease is before the Court on the government’s motion to dismiss pursuant to Rules 12(b)(1) and 12(b)(6) of the Rules of the United States Court of Federal Claims (“RCFC”). The plaintiffs in this action are two individuals and a putative class of regis tered nurses who are currently or were formerly employed by the Department of Veterans Affairs (“VA”). They contend that they were denied basic and overtime pay as well as compensatory time off to which they are entitled under 38 U.S.C. § 7453, as well as VA regulations and policies. They seek backpay with…

2Cases cited35 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  4. United States v. TestanSupreme Court of the United States · 1976
  5. United States v. MitchellSupreme Court of the United States · 1983

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3Cited by8 opinions

  1. Mercier v. United StatesCourt of Appeals for the Federal Circuit · 2015
  2. Laughlin v. United StatesUnited States Court of Federal Claims · 2015
  3. Crumley v. United StatesUnited States Court of Federal Claims · 2017
  4. Baude v. United StatesUnited States Court of Federal Claims · 2018
  5. Lesko v. United StatesUnited States Court of Federal Claims · 2023

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