Legal Opinion
Martin v. PepsiAmericas, Inc.
Court of Appeals for the Fifth Circuit
Decided December 28, 2010No. 09-60896PublishedCited by 51 opinions
1Opinion of the Court
EMILIO M. GARZA, Circuit Judge:
Karen Martin sued her former employer, PepsiAmericas, Inc. (“Pepsi”), to recover unpaid overtime wages allegedly due under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq. The district court granted Pepsi’s motion to dismiss for lack of subject matter jurisdiction after finding that Martin’s maximum potential recovery was less than the value of her severance package from Pepsi, which the district court determined should be set-off against any potential damages awarded to Martin. Because we hold that the set-off was improper, we vacate the district…
2Cases cited7 opinions
- Lawrence H. Ramming v. United States of America, John Thomas Cloud v. United StatesCourt of Appeals for the Fifth Circuit · 2001
- McLaughlin v. Richland Shoe Co.Supreme Court of the United States · 1988
- Singer v. City of Waco, TexasCourt of Appeals for the Fifth Circuit · 2003
- Gagnon v. United Technisource, Inc.Court of Appeals for the Fifth Circuit · 2010
- Raymond J. Donovan, Secretary of Labor, United States Department of Labor v. W.P. Pointon, Jr., an IndividualCourt of Appeals for the Tenth Circuit · 1983
2 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Eckstein Marine Service L.L.C. v. Lorne JacCourt of Appeals for the Fifth Circuit · 2012
- Todd Pioch v. IBEX Engineering Services, Inc.Court of Appeals for the Eleventh Circuit · 2016
- James Roland v. Jason GreenCourt of Appeals for the Fifth Circuit · 2012
- Hernandez v. StringerDistrict Court, District of Columbia · 2016
- Nicopior v. Moshi Moshi Palm Grove, LLCDistrict Court, S.D. Florida · 2019
46 more not listed; retrieve them via the Exa API.