§Why CasetextPricing

Javier v. Beck et al

MEMORANDUM OF LAW in Support re: 22 MOTION to Dismiss Plaintiff's Amended Complaint.. Document

63 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,784 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Sedima, S.P.R.L. v. Imrex Co.

    473 U.S. 479 (1985)   Cited 4,226 times   7 Legal Analyses
    Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."

  3. Illinois v. Fisher

    540 U.S. 544 (2004)   Cited 483 times   5 Legal Analyses
    Holding that the mere fact that destroyed evidence was at the time sought in a pending discovery request did not “eliminate the necessity of showing bad faith on the part of police”

  4. Lundy v. Catholic Health Sys. of Long Island Inc.

    711 F.3d 106 (2d Cir. 2013)   Cited 958 times   10 Legal Analyses
    Holding that an agency relationship requires pleading of facts showing that agent "had apparent or actual authority to bind" principal, and mere conclusory statements of agency status are insufficient to state a claim

  5. United States v. Kozminski

    487 U.S. 931 (1988)   Cited 462 times
    Holding that for purposes of prosecution under § 241 for subjecting an individual to involuntary servitude, the jury must be instructed that involuntary servitude is the compulsion of services by the use or threatened use of physical or legal coercion

  6. Herman v. RSR Sec. Servs. Ltd.

    172 F.3d 132 (2d Cir. 1999)   Cited 1,068 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

  7. Aetna Cas. and Sur. v. Aniero Concrete

    404 F.3d 566 (2d Cir. 2005)   Cited 699 times
    Holding that a duty to disclose can arise when a party has made a partial or ambiguous statement

  8. Kuebel v. Black Decker

    643 F.3d 352 (2d Cir. 2011)   Cited 490 times   5 Legal Analyses
    Holding that a triable fact question existed as to willfulness where the employer was aware that the employee's responsibilities might require over 40 hours of work per week and instructed him not to record overtime

  9. Zheng v. Liberty Apparel Co. Inc.

    355 F.3d 61 (2d Cir. 2003)   Cited 569 times   11 Legal Analyses
    Holding district court erred in applying only four factors regarding formal control

  10. Allen v. Westpoint-Pepperell, Inc.

    945 F.2d 40 (2d Cir. 1991)   Cited 781 times
    Holding that a court may rescind a release agreement "where it finds either mutual mistake or one party's unilateral mistake coupled with some fraud . . . of the other party"

  11. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 15,878 times   60 Legal Analyses
    Specifying prohibited activities

  12. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,952 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  13. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,405 times   104 Legal Analyses
    Relating to mail fraud

  14. Section 241 - Conspiracy against rights

    18 U.S.C. § 241   Cited 4,188 times   15 Legal Analyses
    Criminalizing civil-rights violations

  15. Section 1546 - Fraud and misuse of visas, permits, and other documents

    18 U.S.C. § 1546   Cited 1,238 times   14 Legal Analyses
    Penalizing false statement in immigration documents

  16. Section 155.05 - Larceny; defined

    N.Y. Penal Law § 155.05   Cited 663 times   5 Legal Analyses
    Defining "steal[ing]" and "larceny" to require "intent to deprive another of property"

  17. Section 1584 - Sale into involuntary servitude

    18 U.S.C. § 1584   Cited 200 times   4 Legal Analyses
    Holding persons in involuntary servitude

  18. Section 1351 - Fraud in foreign labor contracting

    18 U.S.C. § 1351   Cited 36 times

    (a) WORK INSIDE THE UNITED STATES.-Whoever knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States or causes another person to recruit, solicit, or hire a person outside the United States, or attempts to do so, for purposes of employment in the United States by means of materially false or fraudulent pretenses, representations or promises regarding that employment shall be fined under this title or imprisoned for not more than 5 years, or both. (b) WORK

  19. Section 214.2 - Special requirements for admission, extension, and maintenance of status

    8 C.F.R. § 214.2   Cited 462 times   44 Legal Analyses
    Restating cap in 8 U.S.C. § 1184(g)(l)

  20. Section 785.16 - Off duty

    29 C.F.R. § 785.16   Cited 119 times   19 Legal Analyses

    (a)General. Periods during which an employee is completely relieved from duty and which are long enough to enable him to use the time effectively for his own purposes are not hours worked. He is not completely relieved from duty and cannot use the time effectively for his own purposes unless he is definitely told in advance that he may leave the job and that he will not have to commence work until a definitely specified hour has arrived. Whether the time is long enough to enable him to use the time

  21. Section 785.27 - General

    29 C.F.R. § 785.27   Cited 68 times   15 Legal Analyses

    Attendance at lectures, meetings, training programs and similar activities need not be counted as working time if the following four criteria are met: (a) Attendance is outside of the employee's regular working hours; (b) Attendance is in fact voluntary; (c) The course, lecture, or meeting is not directly related to the employee's job; and (d) The employee does not perform any productive work during such attendance. 29 C.F.R. § 785.27