United States Second Circuit

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Chao v. Gotham Registry, 06-2432

Denial of a petition for adjudication of civil contempt for failure to abide by the terms of a consent judgment regarding overtime pay for nurses is affirmed where the district court acted within its discretion since: 1) although the defendants violated the Fair Labor Standards Act, the consent judgment did not unambiguously proscribe defendant's actions; and 2) the defendant attempted to comply with the judgment in a reasonable manner.

Appellate Information

  • Argued 03/01/2007
  • Decided 01/24/2008
  • Published 01/24/2008

Judges

  • Before:  JACOBS, Chief Judge, CARDAMONE, and SOTOMAYOR, Circuit Judges.

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • Maria Van Buren, Washington, D.C. (Howard M. Radzely, Solicitor of Labor, Steven J. Mandel, Associate Solicitor, Paul L. Frieden, U.S. Department of Labor, Office of the Solicitor, Washington, D.C., of counsel), for Plaintiff-Appellant.

  • For Appellees:
  • Steven Kapustin, Blue Bell, Pennsylvania (Barry A. Furman, Kaplin, Stewart, Meloff, Reiter & Stein, P.C., Blue Bell, Pennsylvania, of counsel), for Defendant-Appellee.

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