|
Arizona Lawyer Search - Listings for J Scott Wickland P C
Name: J Scott Wickland P C
Address: Bullhead City, AZ 86429
Phone Number: 928-758-8888
|
Specialties:
|
Personal Injury & Property Damage Law
Adoption, Divorce & Family Law
Criminal Trial
|
|
|
|
Cases related to this attorney's specialties:
RODRIGUEZ v. WHITING FARMS INC. FILED United States Court of Appeals 1000 Tenth Circuit FEB 10 2004 PATRICK FISHER Clerk PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT ELADIO RODRIGUEZ, individually; MARTIN GOMEZ, individually, Plaintiffs - Appellants, No. 02-1483 vs. WHITING FARMS, INC.; THOMAS WHITING, individually, Defendants - Appellees. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO (D.C. No. 99-RB-2490 (CBS)) Patricia L. Medige, Colorado Legal Services, Denver, Colorado, for Plaintiffs - Appellants. Sam D. Starritt (and Michael C. Santo, on the brief), Dufford, Waldeck, Milburn & Krohn, L.L.P., Grand Junction, Colorado, for Defendants - Appellees. Before KELLY, HARTZ, Circuit Judges and CASSELL(1), District Judge. KELLY, Circuit Judge. (1) The Honorable Paul G. Cassell, United States District Judge for the District of Utah, sitting by designation. Plaintiffs-Appellants Eladio Rodriguez and Martin Gomez brought this suit against their former employer, Thomas Whiting and Whiting Farms, Inc. (hereinafter collectively referred to as "Whiting Farms"), claiming Whiting Farms failed to pay them overtime as required under the Fair Labor Standards Act (the "FLSA" or the "Act"). Whiting Farms argues it is exempt from paying Rodriguez and Gomez overtime under the FLSA agricultural exemption, which provides an exemption to the overtime wage requirements for "any employee employed in agriculture." 29 U.S.C. 213(b)(12). Rodriguez and Gomez filed a motion for summary judgment on the issue of whether they performed nonagricultural jobs and thus were entitled to overtime pay under the FLSA. Whiting Farms also moved for summary judgment on all issues. The district court determined Rodriguez and Gomez were engaged in agricultural work and therefore were not entitled to overtime under the agricultural exemption. The district court granted Whiting Farms's motion for summary judgment and awarded costs to Whiting Farms. We have jurisdi...
ARRIAGA v FL PACIFIC FARMS, U.S. 11th Circuit Court of AppealsARRIAGA 1000 v FL PACIFIC FARMS [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ No. 01-16402 _ D. C. Docket No. 99-01760-CV-T-30 JORGE E. ARRIAGA, ROSALIO HARO-SANCHEZ, MOISES OCHOA-ROSALES, RAYMUNDO VASQUEZ, LUCIO BARTOLO-HUERTA, OSCAR BRAVO-MOYA, INOCENIO GERONIMO-MAGANA, ADOLFO GREGORIO, SANTIAGO JARAMILLA-GOMEZ, ALFONSO LUNA-MARTINEZ, JORGE NIETO-JASSO, DANIEL MOLINA-GREGORIO, GILBERTO PEREZ-FLORES, JOSE LUIS SOLIS-CAMACHO, JUAN FRANCISCO BALDERAS-SEPULVEDA, FRANCISCO SEPULVEDA, Plaintiffs-Appellants versus FLORIDA PACIFIC FARMS, L.L.C., SLEEPY CREEK FARMS, INC., Defendants-Appellees. _ Appeal from the United States District Court for the Middle District of Florida _ (September 11, 2002) Before DUBINA, BARKETT and KRAVITCH, Circuit Judges. KRAVITCH, Circuit Judge: The plaintiffs-appellants are migrant farm workers from Mexico (the "Farmworkers") employed by the defendants-appellees Florida Pacific Farms, L.L.C. and Sleepy Creek Farms, Inc. (the "Growers") during the 1998-1999 strawberry and raspberry seasons. The Farmworkers sued the Growers, alleging a failure by the Growers to comply with the minimum wage provisions of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 203(m) & 206(a), and the terms of the work contracts. Specifically, the FLSA claim asserted that the Growers' failure to reimburse the Farmworkers' travel, visa, and recruitment costs at the end of the first workweek pushed their first week's wages below the minimum wage. The contract claim contended that the Growers violated the work contract by not reimbursing the Farmworkers for the cost of transportation to and from their home villages to the Mexican point of hire. The parties filed cross motions for summary judgment, which were based upon an agreed statement of undisputed facts. The district court granted the Growers' motion and de...
RIOGRANDE UNDERWRITE v PITTS FARMS INC IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-40823 Summary Calendar RIO GRANDE UNDERWRITERS, INC., Plaintiff-Appellant, versus PITTS FARMS, INC., Defendant-Appellee. Appeal from the United States District Court for the Southern District of Texas _ December 18, 2001 Before REAVLEY, HIGGINBOTHAM and WIENER, Circuit Judges. REAVLEY, Circuit Judge: Rio Grande Underwriters, Inc. (Rio Grande) appeals the district court's order dismissing, for lack of subject matter jurisdiction, its petition for a stay and order compelling arbitration. For the reasons that follow we AFFIRM. Pitts Farms, an onion grower, filed suit in state court alleging state law claims against Rio Grande for its failure to procure the right crop insurance coverage on Pitts' behalf.(1) When Pitts Farms sustained losses to its onion crop, it found that the insurance policy in place failed to designate its red and yellow onions into separate units. According to Pitts Farms, the failure to designate the onion types as separate insurable units as permitted by federal regulations prevented Pitts from fully recovering for its losses. Rio Grande seeks to avoid the litigation in state court by enforcing arbitration provisions in its contracts with Pitts Farms. Unable to obtain relief in state court, Rio Grande filed a petition in federal court requesting a stay and order compelling arbitration. Such relief is available in federal district court under the Federal Arbitration Act (FAA) only if the court would have had subject matter jurisdiction over the underlying civil action. 9 U.S.C. § 4. Although Rio Grande has suggested numerous bases for jurisdiction, the district court properly found them to be without merit. First, Rio Grande argues that because its contracts with Pitts Farms relate to interstate commerce, it follows that the FAA applies and that the case may therefore be heard in federal c...
|
|
|