46 Cited authorities

Matsushita Elec. Indus. Co. v. Zenith Radio
475 U.S. 574 (1986) Cited 113,508 times 38 Legal Analyses
Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
Adickes v. Kress Co.
398 U.S. 144 (1970) Cited 25,106 times 1 Legal Analyses
Holding that a private person who conspires with government actors to deprive a plaintiff of her constitutional rights acts "under color of law" for purposes of § 1983
Eastman Kodak Co. v. Image Technical Services, Inc.
504 U.S. 451 (1992) Cited 2,297 times 16 Legal Analyses
Holding that "it is clearly reasonable to infer that [the defendant] has market power to raise prices and drive out competition in the aftermarkets" for service and parts despite an undisputed lack of market power in the initial product
Vt. Teddy Bear Co. v. 1-800 Beargram Co.
373 F.3d 241 (2d Cir. 2004) Cited 2,366 times
Holding that where a motion for summary judgment is unopposed, the district court may not rely solely on the facts asserted in the movant's 56.1 statement but “must be satisfied that the citation to evidence in the record supports the assertion.”
Herman v. RSR Sec. Servs. Ltd.
172 F.3d 132 (2d Cir. 1999) Cited 1,074 times 6 Legal Analyses
Holding that an employer willfully violated the FLSA when he had "extensive knowledge" of the FLSA's requirements, knew of previous violations, and relied on assurances by corporate decisionmakers despite their prior illegal activities
Kulak v. City of New York
88 F.3d 63 (2d Cir. 1996) Cited 881 times 2 Legal Analyses
Holding that a patient who challenged his commitment in a similar state court civil commitment proceeding had a "full and fair opportunity to litigate the issues of his mental illness and risk of harm"
Powell v. National Bd. of Medical Examiners
364 F.3d 79 (2d Cir. 2004) Cited 675 times
Holding that the NCBE did not violate ADA or Rehabilitation Act when it followed its standard procedures for considering accommodations and there was no evidence that those standard procedures were unreasonable or discriminatory
Reilly v. Natwest Mkts. Grp. Inc.
181 F.3d 253 (2d Cir. 1999) Cited 695 times 5 Legal Analyses
Holding that trial judges have wide discretion to impose sanctions for spoliation even in cases not involving "outrageous culpability"
Zheng v. Liberty Apparel Co. Inc.
355 F.3d 61 (2d Cir. 2003) Cited 572 times 11 Legal Analyses
Holding district court erred in applying only four factors regarding formal control
Falk v. Brennan
414 U.S. 190 (1973) Cited 397 times 3 Legal Analyses
Holding that a company exercising “substantial control of the terms and conditions of the work” of the employees is an employer under the FLSA
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,994 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 216 - Penalties
29 U.S.C. § 216 Cited 16,462 times 141 Legal Analyses
Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”
Section 207 - Maximum hours
29 U.S.C. § 207 Cited 10,517 times 228 Legal Analyses
Establishing overtime rules
Section 206 - Minimum wage
29 U.S.C. § 206 Cited 8,869 times 100 Legal Analyses
Asking only whether the alleged inequality resulted from “any other factor other than sex”
Section 203 - Definitions
29 U.S.C. § 203 Cited 6,827 times 274 Legal Analyses
Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable
Section 260 - Liquidated damages
29 U.S.C. § 260 Cited 1,813 times 11 Legal Analyses
Granting district courts the discretion to decline to award liquidated damages when good faith is shown
Section 196-D - Gratuities
N.Y. Lab. Law § 196-D Cited 170 times 16 Legal Analyses
Stating some exceptions not relevant here
Section 778.108 - The "regular rate"
29 C.F.R. § 778.108 Cited 116 times 12 Legal Analyses
Defining the "regular rate" as "the hourly rate actually paid the employee for the normal, nonovertime workweek for which he is employed" (citing Walling v. Youngerman-Reynolds Hardwood Co., 325 U.S. 419, 424, 65 S.Ct. 1242, 89 L.Ed. 1705 (1945) )
Section 778.5 - Relation to other laws generally
29 C.F.R. § 778.5 Cited 83 times 1 Legal Analyses
Stating that employees are entitled to higher minimums set by state law if FLSA standards are lower
Section 778.315 - Payment for all hours worked in overtime workweek is required
29 C.F.R. § 778.315 Cited 58 times 8 Legal Analyses
Discussing payment of straight time pursuant to an employee's "contract (express or implied) or under any applicable statute"

Copantitla et al v. Fiskardo Estiatorio, Inc. et al

46 Cited authorities

Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

Holding that a private person who conspires with government actors to deprive a plaintiff of her constitutional rights acts "under color of law" for purposes of § 1983

Holding that "it is clearly reasonable to infer that [the defendant] has market power to raise prices and drive out competition in the aftermarkets" for service and parts despite an undisputed lack of market power in the initial product

Holding that where a motion for summary judgment is unopposed, the district court may not rely solely on the facts asserted in the movant's 56.1 statement but “must be satisfied that the citation to evidence in the record supports the assertion.”

Holding that an employer willfully violated the FLSA when he had "extensive knowledge" of the FLSA's requirements, knew of previous violations, and relied on assurances by corporate decisionmakers despite their prior illegal activities

Holding that a patient who challenged his commitment in a similar state court civil commitment proceeding had a "full and fair opportunity to litigate the issues of his mental illness and risk of harm"

Holding that the NCBE did not violate ADA or Rehabilitation Act when it followed its standard procedures for considering accommodations and there was no evidence that those standard procedures were unreasonable or discriminatory

Holding that trial judges have wide discretion to impose sanctions for spoliation even in cases not involving "outrageous culpability"

Holding district court erred in applying only four factors regarding formal control

Holding that a company exercising “substantial control of the terms and conditions of the work” of the employees is an employer under the FLSA

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

Establishing overtime rules

Asking only whether the alleged inequality resulted from “any other factor other than sex”

Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable

Granting district courts the discretion to decline to award liquidated damages when good faith is shown

Stating some exceptions not relevant here

Defining the "regular rate" as "the hourly rate actually paid the employee for the normal, nonovertime workweek for which he is employed" (citing Walling v. Youngerman-Reynolds Hardwood Co., 325 U.S. 419, 424, 65 S.Ct. 1242, 89 L.Ed. 1705 (1945) )

Stating that employees are entitled to higher minimums set by state law if FLSA standards are lower

Discussing payment of straight time pursuant to an employee's "contract (express or implied) or under any applicable statute"