Legal Opinion

King v. United States

United States Court of Federal Claims

Decided October 23, 2014No. 12-175CPublishedCited by 6 opinions

1Opinion of the Court

Keywords: Counterclaim; RCFC 15; undue delay; undue prejudice; FLSA; Administratively Uncontrolled Overtime; U.S. Customs and Border Patrol

ORDER ON MOTION TO REFILE COUNTERCLAIMS

NANCY B. FIRESTONE, Judge

Pending before the court is the motion of the United States (“defendant” or “government”) to re-file its counterclaims against the plaintiffs in this overtime pay case under the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201-19 (“FLSA”). 1 The government seeks to recoup from plaintiffs overtime pay they received as Administratively Uncontrollable Overtime (“AUO”). Previously, the…

2Cases cited19 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1971
  3. Stan Laber v. Francis J. Harvey, Secretary of the ArmyCourt of Appeals for the Fourth Circuit · 2006
  4. Bill Johnson's Restaurants, Inc. v. National Labor Relations BoardSupreme Court of the United States · 1983
  5. Mayeaux v. Louisiana Health Service & Indemnity Co.Court of Appeals for the Fifth Circuit · 2004

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3Cited by6 opinions

  1. Hanover Insurance Company (The) v. United StatesUnited States Court of Federal Claims · 2017
  2. Alta Wind I Owner Lessor C v. United StatesUnited States Court of Federal Claims · 2016
  3. Tetra Tech Amt v. United StatesUnited States Court of Federal Claims · 2016
  4. Health Republic Insurance Company v. United StatesUnited States Court of Federal Claims · 2020
  5. Lw Construction of Charleston, LLC v. United StatesUnited States Court of Federal Claims · 2018

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