'Shouting Louder' Doesn't Topple Pa. Steelworker's OT Suit

Law360 (March 24, 2020, 7:23 PM EDT) -- A temporary steelworker's lawsuit seeking overtime pay for time spent crossing a picket line at an Allegheny Technologies Inc. mill will move ahead, as a Pennsylvania federal judge said the defendant couldn't get the case dismissed just because its argument was "shouted louder."

In a short docket-only order Monday, Chief U.S. District Judge Mark R. Hornak adopted a magistrate judge's recommendation and denied Strom Engineering Corp.'s motion to dismiss or trim language from Ralph Smith's proposed class action lawsuit, saying he could not accept Strom's argument that the Third Circuit was simply wrong when it allowed Smith's claims for overtime under...

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