BofA Dodges Loan Officer FLSA Suit

Law360, New York (July 13, 2011, 9:56 PM EDT) -- A Texas federal judge on Wednesday tossed a putative class action alleging Bank of America NA misclassified mortgage loan officers as overtime-exempt because the named plaintiff failed to disclose his claim against the bank in an earlier bankruptcy proceeding.

U.S. District Judge Sim Lake granted BofA's motion to dismiss, adopting the recommendation made by U.S. Magistrate Judge Nancy Johnson in June to toss loan officer William Rushforth's claims because the doctrine of judicial estoppel barred him from bringing the suit.

Rushforth sued BofA in January alleging...
To view the full article, register now.




Case Information

Case Title

Rushforth v. Bank of America National Association

Case Number



Texas Southern

Nature of Suit

710(Labor: Fair Standards)


Judge Sim Lake

Date Filed

January 5, 2011

Law Firms


Government Agencies

Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.