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.