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Judge Conditionally Certifies Class in FLSA Suit Against Firm

William Stukenberg, an associate with Houston's Meyer White

A U.S. district judge has conditionally certified a class in Sherri L. Davis, et al. v. Mostyn Law Firm, a case involving a complaint filed by a former paralegal at the Houston firm over allegedly unpaid overtime. Defense attorney William Stukenberg, an associate with Houston's Meyer White, represents the Mostyn Law Firm.

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Decision of the Day

City of Houston v. American Traffic Solutions Inc.

(5th Cir. 01/24/2012)

This is an interlocutory appeal from the denial of a motion to intervene as of right brought by citizens of Houston in regard to litigation between the city and the contractor hired to run a red light camera system that generated millions of dollars annually to the city and the contractor. Under the totality of circumstances, including the haste of the litigation, the city's pecuniary motives, the extended opposition to the charter amendment, the agreed order to leave the cameras in place, and the attempt to reinstate them before the suit had concluded (although this act occurred after the denial of the intervention motion), it is sufficient to conclude that the intervenors' interests may be inadequately represented. The district court's denial is reversed and remanded. 5th U.S. Circuit Court of Appeals, No. 11-20068, 01-24-2012.

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