Benchslaps

Judge Benchslaps Associates Who Were Only Following Orders

Following a partner's orders won't save you from a judge's ire.

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U.S. District Judge Amos L. Mazzant III took aim at associates that signed and filed an overtime lawsuit against Chipotle, even though senior partners said the associates had no decision making authority in the case.

Lawyers for plaintiff Carmen Alvarez filed a lawsuit against Chipotle alleging her position was misclassified under a Department of Labor overtime law. The only problem? In another matter seven months earlier, Judge Mazzant issued a nationwide injunction stopping the overtime expansion rule Alvarez’s claim was under from taking effect.

As Law360 reports, Judge Mazzant was not happy when he learned of the suit:

Chipotle brought the suit to Judge Mazzant’s attention and sought a contempt finding, arguing the case violated his injunction. The judge agreed, saying in his order Alvarez’s lawyers “recklessly disregarded a duty owed to the court — the long-standing and elementary duty to obey its orders, including a nationwide injunction.” Alvarez and her counsel are appealing the contempt finding.

Senior partners at the firms that filed Alvarez’s lawsuit, Outten & Golden and Cohen Milstein Sellers & Toll, tried to take the blame, but the judge wasn’t hearing it. The associates had eight years of experience and the fact they signed the complaint means they bear responsibility, even without decision-making authority:

“After three years of law school and eight to 35 years of practice, a lawyer should know that signing his or her name to a document has consequences,” the judge wrote. “Given their experience, avidity and ownership of this case, it is difficult to accept that these seasoned professionals simply followed orders.”

So, associates be warned: just following a partner’s orders won’t save you from a judge’s ire.

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headshotKathryn Rubino is an editor at Above the Law. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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