Madigan v. Kougarok Mining Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the court possessed subject matter jurisdiction over a plaintiffs claims under the Fair Labor Standards Act and the Federal Employee Pay Act of unpaid overtime within, but not beyond, the limitations period
• finding that “[t]he court need not decide whether the FLSA is subject to equitable tolling, however, because plaintiff has not pleaded facts that would entitle him to equitable tolling of the statute”
• denying reconsideration “[bjecause plaintiff uses the same facts on which to base his new legal theories, he could have argued these new legal theories at the summary judgment stage”
• “[B]y failing to raise an issue when it is first available to be litigated, a party waives consideration by the court of the issue on reconsideration, even when the party is pro se.”
• “[B]y failing to raise an issue when it is first available to be litigated, a party waives consideration by the court of the issue on reconsideration, even when the party is pro se.” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).