Legal Opinion

McIntyre v. Division of Youth Rehabilitation Services, Department of Services for Children, Youth & Their Families

District Court, D. Delaware

Decided July 13, 1992No. Civ. A. 91-125-JLLPublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OPINION

LATCHUM, Senior District Judge.

The plaintiff has brought this suit to recover unpaid on-call duty pay as wages, liquidated damages, attorney’s fees, and costs under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201-219 (“FLSA”). (Docket Item [“D.I.”] 54 at Exhibit [“Ex.”] A, 113.) The State of Delaware (“State”) filed a motion pursuant to Rules 12(b)(6) and Rule 56 of the Federal Rules of Civil Procedure to dismiss part of the complaint for failure to state a claim and for summary judgment against the plaintiff on the remainder of the complaint. (D.I. 44.)

I.…

2Cases cited33 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. Conley v. GibsonSupreme Court of the United States · 1957
  4. Scheuer v. RhodesSupreme Court of the United States · 1974
  5. Skidmore v. Swift & Co.Supreme Court of the United States · 1944

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3Cited by9 opinions

  1. Biggs v. WilsonCourt of Appeals for the Ninth Circuit · 1993
  2. McGrath v. City of PhiladelphiaDistrict Court, E.D. Pennsylvania · 1994
  3. Sonders v. Mezvinsky (In Re Mezvinsky)United States Bankruptcy Court, E.D. Pennsylvania · 2001
  4. Lipscomb v. Tucker County CommissionWest Virginia Supreme Court · 1996
  5. Parker v. Schilli TransportationIndiana Court of Appeals · 1997

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