Cathey v. U.S.

3 Citing cases

  1. Herman v. Fabri-Ctrs. of Am., Inc.

    308 F.3d 580 (6th Cir. 2002)   Cited 63 times   1 Legal Analyses
    Finding that premium payments could be used only to offset the amount of overtime owed in the same workweek, not against the total amount of overtime owed, and noting that such a conclusion is in line with the legislative history of the FLSA, its implementing regulations and the case law, which emphasize the importance of making timely payments for overtime work

    Debts are commonly payable long before they fall due."See also Johnson v. Methorst, 110 F.3d 1313, 1317 n. 3 (8th Cir. 1997) (noting that "Webster's New World Dictionary (2d ed. 1984) defines `payable' in part as `[r]equiring payment on a certain date: DUE'"); Cathey v. United States, 35 F.Supp.2d 518, 520 (S.D.Tex. 1998) (noting that "English dictionaries agree on the meaning of payable, defining it to mean inter alia `[t]hat may, can, or should be paid,' `due,' or `capable of being paid'"); Royal Indemnity Co. v. Wyckoff Heights Hosp., 953 F.Supp. 460, 466 (E.D.N.Y. 1996) ("Although `payable' might mean a future obligation in some circumstances, as is used in the Policy, the only reasonable understanding is that it adds to the meaning of `paid' by including a sum which is enforceably due or obligated, but not yet actually remitted.").2.

  2. United States v. Coker

    9 F. Supp. 3d 1300 (S.D. Ala. 2014)   Cited 3 times
    Finding workmen's compensation exemption did not apply to funds that were paid in settlement of a worker's compensation claim

    Other courts addressing the exemption invoked here have reached the same conclusion. In Cathey v. United States, 35 F.Supp.2d 518 (S.D.Tex.1998), aff'd, 200 F.3d 814 (5th Cir.1999) (unpubl.), the plaintiff contended that because funds seized from a bank account “were worker's compensation benefits, they [we]re exempt from levy under § 6334(a)(7).” Id. at 520.

  3. Sandberg v. American Family Ins. Co.

    2006 N.D. 198 (N.D. 2006)   Cited 16 times
    Discussing DeCoteau

    Merriam-Websters Collegiate Dictionary 910 (11th ed. 2005). In the context of similar setoff language, "payable" has been defined as that which is presently owing or to be paid in the future, see Cathey v. United States, 35 F.Supp.2d 518, 521 (S.D.Tex. 1998); Coutts v. Wisconsin Ret. Bd., 209 Wis.2d 655, 562 N.W.2d 917, 923 (1997), or that which must or may be paid, or an amount that need only be capable of being paid. See Rydingsword v. Liberty Mut. Ins. Co., 224 Conn. 8, 615 A.2d 1032, 1036-37 (1992) (confirming arbitration award for reduction of future workers' compensation benefits based on present value of those benefits).