green
Positive treatment
Quoted verbatim 1×
15.0 score
“although its boundaries and precise contours remain somewhat unsettled, our circuit and the supreme court have provided enough guidance for us to find that the flsa will not satisfy the daunting standard required to completely preempt plaintiffs' breach of contract claim.”
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997
2011
2026
Top citers, strongest first. 12 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
Wallis v. Boeing Company, The
although its boundaries and precise contours remain somewhat unsettled, our circuit and the supreme court have provided enough guidance for us to find that the flsa will not satisfy the daunting standard required to completely preempt plaintiffs' breach of contract claim.
discussed
Cited as authority (rule)
Escobedo v. Ace Gathering
We have developed a six-factor balancing test to determine a shipper’s intent to “move goods continuously in interstate commerce.” See Siller v. L&F Distributors, Ltd., 109 F.3d 765, *2 (5th Cir. 1997).
discussed
Cited as authority (rule)
Escobedo v. Ace Gathering
(2×)
also: Cited "see, e.g."
Co. v. Settle, in which the Supreme Court rejected an interstate shipper’s contention that its commerce was purely intrastate because its segmented shipments “came to rest” at multiple local destinations. 21 Crucially, in that context, the Court found it necessary to holistically evaluate the “intention with which the shipment was made” in order to determine whether the shipment was interstate in character.” 22 Since Settle and other similar cases, 23 we have consistently applied the fixed-and-persisting-intent test only to those cases in which the product being shipped was stored …
discussed
Cited as authority (rule)
Aldridge v. MS Dept of Corrections
Labs., Inc., 471 U.S. 707, 713 (1985). 23 See Casey v. Rainbow Grp., Ltd., 109 F.3d 765, *5 (5th Cir. 1997) (unpublished) (finding “no indication of express preemption” in the FLSA). 24 Witty v. Delta Air Lines, Inc., 366 F.3d 380, 384 (5th Cir. 2004) (quoting Hodges v. Delta Airlines, Inc., 44 F.3d 334 , 335 n.1 (5th Cir. 1995) (en banc)). 25 Automated Med.
discussed
Cited as authority (rule)
Arora v. Starwood Hotels & Resorts Worldwide, Inc.
Intern, Inc., 109 F.3d 765, 765 (5th Cir.1997) ("Clary’s attempt to establish that he was subjected to disparate treatment discrimination by offering evidence of a pattern or practice of discrimination cannot succeed because his own deposition refutes personal knowledge of the ages of other allegedly terminated employees.”); Pritchard v. S. Co., Servs., 92 F.3d 1130 , 1135 (11th Cir.1996) ("Pritchard cannot use inad-missable hearsay to defeat summary judgment when that hearsay will not be reducible to admissible form at trial.
discussed
Cited "see"
Vallejo v. Garda CL Southwest, Inc.
See Siller v. L & F Distributors, Ltd., 109 F.3d 765, *2 (5th Cir. Feb. 18, 1997) (per curiam) (unpublished) (stating that “placing goods in a warehouse interrupts, but does not necessarily terminate the goods’ interstate journey”); Barefoot, 16 F.3d 1216, *3 (holding that the halt of shipments of unprocessed milk, without processing or commingling, did not remove the interstate character of the shipments); Merchants Fast Motor Lines v. I.C.C., 5 F.3d 911, 917 (5th Cir.1993) (holding that local delivery drivers operate in interstate commerce when they drive vehicles loaded with goods tha…
discussed
Cited "see"
Karna v. BP Corp. North America, Inc.
(2×)
See Casey v. Rainbow Grp., Ltd., 109 F.3d 765 at *5 (5th Cir.1997) (“The liability provisions of the act ... are confined to providing reparation for unpaid overtime compensation and unpaid minimum wages” (internal quotation marks omitted)).
discussed
Cited "see"
Paradise Towing, Inc. v. CIT Group/Sales Financing, Inc.
See Turner v. Avery, 198 B.R. 192, 196-197 (E.D.La.1996), aff'd, 109 F.3d 765 (5th Cir.1997) (while counsel’s health may have been poor, he managed to prosecute this case, as well as other cases, during the time period in question; therefore, failure to respond to motion was not excusable); see also Optimal Health Care Services, Inc. v. Travelers Ins.
cited
Cited "see"
Bonnie Wagoner and Morgana Morgan, on Behalf of Themselves and Others Similarly Situated v. Rainbow Group, Ltd. and Alan Sager
See Casey v. Rainbow Group, Ltd., 109 F.3d 765 (5th Cir. 1997) (opinion not published).
cited
Cited "see"
Bonnie Wagoner and Morgana Morgan, on Behalf of Themselves and Others Similarly Situated v. Rainbow Group, Ltd. and Alan Sager
See Casey v. Rainbow Group, Ltd. , 109 F.3d 765 (5th Cir. 1997) (opinion not published).
cited
Cited "see"
Rainbow Group, Ltd. and Alan Sager/Josephine Johnson Joanne Barker Elizabeth Gonzalez Ramiro Estrada Cheryl Hiltner Emily Hebert Ava Lott Jennifer Washington Amy Spilecke Seantel Cockle Tammy Peterson Lisa Small And Julie Vargas v. Josephine Johnson Jennifer Washington And Seantel Cockle/Rainbow Group, Ltd. and Alan Sager
See Casey v. Rainbow Group, Ltd. , 109 F.3d 765 (5th Cir. 1997) (opinion not published).
cited
Cited "see"
Rainbow Group, Ltd. and Alan Sager/Josephine Johnson Joanne Barker Elizabeth Gonzalez Ramiro Estrada Cheryl Hiltner Emily Hebert Ava Lott Jennifer Washington Amy Spilecke Seantel Cockle Tammy Peterson Lisa Small And Julie Vargas v. Josephine Johnson Jennifer Washington And Seantel Cockle/Rainbow Group, Ltd. and Alan Sager
See Casey v. Rainbow Group, Ltd., 109 F.3d 765 (5th Cir. 1997) (opinion not published).
Retrieving the full opinion text from the archive…
Robertson
v.
City of New Orleans
v.
City of New Orleans
109 F.3d 765
Robertson
v.
City of New Orleans[*]
NO. 95-31283
United States Court of Appeals,
Fifth Circuit.
Feb 17, 1997
Appeal From: E.D.La. , No. 91-CV-2914-LLM
1
AFFIRMED.
*
Fed.R.App.P. 34(a); 5th Cir.R. 34.2