Legal Opinion

Diego v. Victory Lab, Inc.

District Court, S.D. Florida

Decided October 12, 2017No. Case Number: 17–20063–CIV–MORENOPublishedCited by 3 opinions

1Opinion of the Court

FEDERICO A. MORENO, UNITED STATES DISTRICT JUDGE

This case is a two-count employment action by Nabor Diego against Victory Lab, Inc. arising from a six-week period of work between July 28 and September 8, 2016. Diego alleges: (1) wage and hour violations of the Fair Labor Standards Act, and (2) retaliation under Florida's Private Whistleblower Act. This cause comes before the Court upon Victory Lab's motion to strike portions of Diego's declaration testimony and Victory Lab's motion for summary judgment. Victory Lab argues that Diego was not an employee, and is therefore not entitled to the…

2Cases cited18 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  4. Rutherford Food Corp. v. McCombSupreme Court of the United States · 1947
  5. Donovan George Davis v. Philip B. WilliamsCourt of Appeals for the Eleventh Circuit · 2006

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3Cited by3 opinions

  1. Dimingo v. Midnight Xpress, Inc.District Court, S.D. Florida · 2018
  2. Garcia v. Pajeoly Corp.District Court, S.D. Florida · 2019
  3. Whitworth v. MezranoDistrict Court, N.D. Alabama · 2023

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