Snowden v. Freds Stores of Tenn. Inc.
Mar
10
2006
Ruling
Former employee was not judicially estopped from bringing an FLSA action for simply delaying by four months amending the debtor's chapter 13 bankruptcy schedule to include the potential claim.
Procedural posture
Plaintiff employee filed a notice of consent to become part of a class action to recover unpaid overtime wages brought against defendant employer pursuant to the Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. §§ 201, et seq. The employer filed motions for summary judgment as to the employee's claim on the basis of judicial estoppel.
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Court
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