DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
133265P.pdf 03/20/2015 Karl Adams v. ActionLink U.S. Court of Appeals Case No: 13-3265 and No: 13-3380 U.S. District Court for the Eastern District of Arkansas - Little Rock [PUBLISHED] [Melloy, Author, with Benton and Shepherd, Circuit Judges] Civil case - Fair Labor Standards Act. The district court did not err in determining that certain of defendant's employees were non-exempt under the Fair Labor Standards Act as they performed non-exempt promotional work for the company to stimulate sales that would be made by someone else and were not, themselves, outside salesman for FLSA purposes; nor were they administrative employees as they did not meet the tests for administrative employees established in 29 C.F.R. Sec. 541.200; the district court erred in determining that one group of the employee plaintiffs had waived their right to pursue additional claims against defendant by cashing proposed settlement checks; the court joins other courts which have held that the plain language of 29 U.S.C. Sec. 216(c) requires an agreement by the employee to accept a certain amount of back wages and requires the employer to pay those wages; this involves more than simply tendering a check and having the employee cash it, as an agreement must exist independently of the payment; here, the language on the checks was insufficient as a matter of law to constitute proper notice to the employees and did not serve as a release of their rights. 141595P.pdf 03/20/2015 Tri-National, Inc. v. Canal Insurance Company U.S. Court of Appeals Case No: 14-1595 U.S. District Court for the Eastern District of Missouri - Cape Girardeau [PUBLISHED] [Riley, Author, with Colloton and Kelly, Circuit Judges] Civil case - Motor Carrier Act of 1980. Tri-National held a default judgment against Canal's insured and was the real party in interest under Missouri law; Alabama court did not render a final judgment on the merits of Tri-National's present claim on the MCS-90 endorsement issue since that claim was voluntarily dismissed, and the present claim was not barred by res judicata; Tri-National could assert its rights as a member of the general public under the MCS-90 endorsement and that fact that its insurer had satisfied its claim did not preclude this action or absolve defendant of its obligations under the endorsement. 143131U.pdf 03/20/2015 United States v. James Dawson U.S. Court of Appeals Case No: 14-3131 U.S. District Court for the Western District of Arkansas - Hot Springs [UNPUBLISHED] [Per Curiam - Before Loken, Bowman and Kelly, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant filed a valid waiver of his right of appeal, and his appeal is dismissed.