Legal Opinion

Smith v. United States

United States Court of Federal Claims

Decided March 17, 2015No. 13-161CPublishedCited by 12 opinions

1Opinion of the Court

Fair Labor Standards Act, 29 U.S.C. §§ 201-219; motion to dismiss, RCFC 12(h)(2)(B); motion for leave to file amended complaint, RCFC 15(a); leave freely given; futility not shown; adequacy of class allegations; effect of amended pleading on pending motions.

MEMORANDUM OPINION AND ORDER

WOLSKI, Judge.

In this case seeking overtime pay and damages under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219, the government has moved to dismiss class action and willfulness claims, and plaintiff has responded by filing a motion for leave to file an amended complaint pursuant to Rule 15(a)(2) of…

2Cases cited18 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Foman v. DavisSupreme Court of the United States · 1962
  3. TrafFix Devices, Inc. v. Marketing Displays, Inc.Supreme Court of the United States · 2001
  4. Nakahata v. New York-Presbyterian Healthcare System, Inc.Court of Appeals for the Second Circuit · 2013
  5. Michael Massey and John Otten, M.D. v. David HelmanCourt of Appeals for the Seventh Circuit · 2000

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3Cited by12 opinions

  1. Chapman v. United StatesUnited States Court of Federal Claims · 2017
  2. Adera v. United StatesUnited States Court of Federal Claims · 2021
  3. Adera v. United StatesUnited States Court of Federal Claims · 2021
  4. Adera v. United StatesUnited States Court of Federal Claims · 2021
  5. Berry v. United StatesUnited States Court of Federal Claims · 2022

7 more not listed; retrieve them via the Exa API.

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