Fox Team Successfully Defends Fair Labor Standards Act Win on Appeal

June 6, 2017 – Press Releases

A Fox Rothschild trial team led by Colin Dougherty, and including Dori Stibolt and Suzanne Calabrese won a decisive federal Fair Labor Standards Act victory for client FTS USA, LLC before the U.S. Court of Appeals for the Eleventh Circuit.

U.S. District Judge K. Michael Moore of the Southern District of Florida had closed the case in October, granting a summary judgment motion filed on behalf of FTS USA by the Fox team. The plaintiff appealed, and the appeals court upheld Judge Moore’s ruling.

The plaintiff in the case alleged that FTS USA, which provides cable installation, maintenance, disconnect and customer services, failed to pay him overtime wages for hours he had worked.

The employee, Moore ruled, failed to provide evidence to support that claim. In the October 2016 opinion granting summary judgment, the judge cited, in part, the plaintiff’s “convoluted” answers to “clear questions” asked by the FTS USA attorneys during plaintiff’s deposition.

In a unanimous opinion issued last week, the three-judge panel of the appeals court upheld the lower court ruling, writing that the plaintiff offered “only vague and contradictory assertions regarding the work for which he was allegedly not paid.”