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...
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Case Information

Case Title

Rushforth v. Bank of America National Association


Case Number

4:11-cv-00035

Court

Texas Southern

Nature of Suit

710(Labor: Fair Standards)

Judge

Judge Sim Lake

Date Filed

January 5, 2011

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