Judge Finds Federal, State Claims Can't Co-Exist

Law360, New York (June 9, 2008, 12:00 AM EDT) -- The judge in a putative collective action that accuses CitiFinancial Inc. of failing to pay overtime to its financial service representatives has pared down the plaintiff's case, ruling that the federal and state law claims at issue are inherently incompatible.

Judge Donetta Ambrose of the U.S. District Court for the District of Pennsylvania handed down an opinion and order partially granting CitiFinancial's March 28 motion to dismiss.

Judge Ambrose dismissed without prejudice counts 3 and 4 of named plaintiff Amy Burkhart-Deal's complaint, which asserted claims under...
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