Gardiner v. Diaz
2013 V.I. Supreme LEXIS 2
Supreme Court of The Virgin Is...2013Background
- Gardiner is a physician who runs V.I. Kidney Center; Diaz claimed overtime under local law and obtained a DOL order for $915.88; Diaz enforcement case was filed in Small Claims; Gardiner did not answer or counterclaim at first; three hearings before magistrate focused on DOL proceedings and status of the appeal; magistrate ultimately awarded Diaz $915.88 plus $40 costs after mediation; Gardiner argued for reimbursement of $5,000 training cost via an agreement with Diaz; Appellate Division affirmed the magistrate’s judgment on preemption issue and did not address the counterclaim; Gardiner timely appealed but the appellee did not participate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gardiner waived his counterclaim for training reimbursement. | Gardiner had no opportunity to raise counterclaim before magistrate | Gardiner could have raised it but failed | Waived; court affirmed due to failure to raise before magistrate |
| Whether the Appellate Division erred by not addressing the counterclaim on review. | Counterclaim raised in brief was ignored | Record showed adequate opportunity to raise counterclaim | affirmed; appellate review confined to record before magistrate |
| Whether the Federal FLSA preemption argument should be addressed on appeal. | FLSA preemption argument warrants consideration | Not raised before lower tribunals; waived | Not addressed; waived due to lack of raised issue in lower proceedings |
Key Cases Cited
- Maso v. Morales, 57 V.I. 627 (V.I. 2012) (jurisdiction and standard for reviewing appellate rulings in the Virgin Islands)
- St. Thomas-St. John Bd. of Elections v. Daniel, 49 V.I. 322 (V.I. 2007) (review standards; clear error and plenary review)
- Matthew v. Herman, 56 V.I. 674 (V.I. 2012) (timeliness and appellate procedure considerations)
- Etienne v. Etienne, 56 V.I. 686 (V.I. 2012) (exceptional circumstances waiver considerations)
- Bacon v. McGarry, 71 Fed. Appx. 19 (10th Cir. 2003) (waiver of objections to magistrate where not raised)
- Barefoot Architect, Inc. v. Bunge, 632 F.3d 822 (3d Cir. 2011) (evidentiary development and waiver purpose of Rule)
- Brown v. Philip Morris, Inc., 250 F.3d 789 (3d Cir. 2001) (exceptional circumstances standard for raising issues on appeal)
- Talley v. Hesse, 91 F.3d 1411 (10th Cir. 1996) (exceptional circumstances doctrine)