DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
082612P.pdf 05/28/2009 Charles Hertz v. Woodbury County Iowa
U.S. Court of Appeals Case No: 08-2612
U.S. District Court for the Northern District of Iowa - Cedar Rapids
[PUBLISHED] [Melloy, Author, with Loken, Chief Judge, and Benton,
Circuit Judge]
Civil case - Fair Labor Standards Act. Court was precluded from
considering the district court's denial of plaintiffs' motion for summary
judgment on their claims for overtime as the issues presented in the case
were questions of fact; because plaintiffs failed to file a Rule 50(b)
motion, the court could not consider the issue of whether the district court
erred in denying plaintiffs' Rule 50(a) motion; instructions submitted to
the jury concerning the employer's duty to examine certain logs for
payroll purposes and the burden of proof as to mealtime compensation
were not erroneous.