36 Cited authorities

Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 16,784 times 20 Legal Analyses
Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
Hishon v. King Spalding
467 U.S. 69 (1984) Cited 12,442 times 7 Legal Analyses
Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job
Parklane Hosiery Co. v. Shore
439 U.S. 322 (1979) Cited 4,239 times 8 Legal Analyses
Holding that district courts have discretion to refuse to apply offensive non-mutual collateral estoppel against a defendant if such an application of the doctrine would be unfair
Federated Department Stores, Inc. v. Moitie
452 U.S. 394 (1981) Cited 2,908 times 5 Legal Analyses
Holding that considerations of fairness and equity do not vitiate the res judicata effect of a previous, unappealed judgment, even if that judgment "rest on a legal principle subsequently overruled in another case"
Burgos v. Hopkins
14 F.3d 787 (2d Cir. 1994) Cited 3,220 times
Holding that under New York law, res judicata does not bar an action presenting the same claim where "the initial forum did not have the power to award the full measure of relief sought in the later litigation"
Cortec Indus., Inc. v. Sum Holding L.P.
949 F.2d 42 (2d Cir. 1991) Cited 2,961 times
Holding that "[w]here plaintiff has actual notice of all the information in the movant's papers and has relied upon these documents in framing the complaint the necessity of translating a Rule 12(b) motion into one under Rule 56 is largely dissipated" and affirming the district court's consideration of a stock purchase agreement, offering memorandum, and stock warrant that were "integral to [plaintiffs'] complaint"
Monahan v. N.Y.C. Dep't of Corr.
214 F.3d 275 (2d Cir. 2000) Cited 1,444 times
Holding that union members are bound by a judgment in a previous action brought by the union president in his capacity as president
Kramer v. Time Warner Inc.
937 F.2d 767 (2d Cir. 1991) Cited 1,989 times 1 Legal Analyses
Holding that the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201
Leonard F. v. Israel Discount Bank of New York
199 F.3d 99 (2d Cir. 1999) Cited 1,004 times
Holding that in considering a motion to dismiss, the court may consider documents attached as exhibits to the complaint
Ryan v. New York Tel. Co.
62 N.Y.2d 494 (N.Y. 1984) Cited 1,612 times 1 Legal Analyses
Holding that for an issue to be deemed identical “it must be the point actually to be determined in the second action or proceeding such that a different judgment in the second would destroy or impair rights or interests established by the first.”
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 346,412 times 923 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 201 - Short title
29 U.S.C. § 201 Cited 20,939 times 103 Legal Analyses
Setting fourteen as the minimum age for most non-agricultural work
Rule 19 - Required Joinder of Parties
Fed. R. Civ. P. 19 Cited 9,537 times 54 Legal Analyses
Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations

Encalada et al v. Magliulo

36 Cited authorities

Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job

Holding that district courts have discretion to refuse to apply offensive non-mutual collateral estoppel against a defendant if such an application of the doctrine would be unfair

Holding that considerations of fairness and equity do not vitiate the res judicata effect of a previous, unappealed judgment, even if that judgment "rest on a legal principle subsequently overruled in another case"

Holding that under New York law, res judicata does not bar an action presenting the same claim where "the initial forum did not have the power to award the full measure of relief sought in the later litigation"

Holding that union members are bound by a judgment in a previous action brought by the union president in his capacity as president

Holding that the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201

Holding that in considering a motion to dismiss, the court may consider documents attached as exhibits to the complaint

Holding that for an issue to be deemed identical “it must be the point actually to be determined in the second action or proceeding such that a different judgment in the second would destroy or impair rights or interests established by the first.”

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Setting fourteen as the minimum age for most non-agricultural work

Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations