United States Ninth Circuit

In a suit claiming unpaid overtime wages under the Fair Labor Standards Act and state law, dismissal of the FLSA claims is affirmed in part where a settlement agreement supervised by the Department of Labor released plaintiff's claims under the FLSA for wages earned during the period covered by the settlement, but reversed in part where the settlement did not release claims for wages earned prior to the period covered by the settlement.

Appellate Information

• Argued 02/16/2007
• Decided 09/10/2007
• Published 09/10/2007

Judges

• BETTY B. FLETCHER, Circuit Judge:, Before B. FLETCHER and RICHARD R. CLIFTON, Circuit Judges, and EDWARD F. SHEA, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David Borgen (argued), Goldstein, Demchak, Baller, Borgen & Dardarian, Oakland, CA, and Leon Greenberg, Las Vegas, NV, for the plaintiff-appellant.


• For Appellees:
  
• Rick D. Roskelley (argued) and S. Libby Henninger, Litter Mendelson, P.C., Las Vegas, NV, for defendant-appellee MC Communications, Inc., William D. Deveney (argued), Elarbee, Thompson, Sapp & Wilson, LLP, Atlanta, GA, and Carol Davis Zucker and Chantel D. Carmouche, Kamer Zucker & Abbott, Las Vegas, NV, for defendant-appellee Cox Communications Las Vegas, Inc.