21 Cited authorities

Lewis v. Casey
518 U.S. 343 (1996) Cited 14,636 times 5 Legal Analyses
Holding that a prisoner must show an actual injury to state a claim for denial of access to courts
Arbaugh v. Y H Corp.
546 U.S. 500 (2006) Cited 8,209 times 27 Legal Analyses
Holding that Title VII's numerosity requirement is nonjurisdictional even though it serves the important policy goal of “spar[ing] very small businesses from Title VII liability”
Makarova v. U.S.
201 F.3d 110 (2d Cir. 2000) Cited 4,143 times
Holding that the party invoking a federal court's jurisdiction "has the burden of proving by a preponderance of the evidence that it exists"
Lundy v. Catholic Health Sys. of Long Island Inc.
711 F.3d 106 (2d Cir. 2013) Cited 1,018 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
Cont'l Cas. v. U.S.
535 F.3d 132 (3d Cir. 2008) Cited 807 times
Holding that the Federal Tort Claims Act's "scope-of-employment requirement" was jurisdictional because the requirement "appears in the same sentence as Congress's grant of jurisdiction" and thus should be resolved under Rule 12(b)
Carver v. City of N.Y.C.
621 F.3d 221 (2d Cir. 2010) Cited 174 times
Holding that the plaintiff sufficiently alleged standing because he adequately alleged that the defendants violated federal labor laws
Wolman v. Catholic Health Sys. of Long Island, Inc.
853 F. Supp. 2d 290 (E.D.N.Y. 2012) Cited 34 times
Concluding that allegations that entities work together or are a joint enterprise does not establish that entities are joint employers
Henry v. Circus Circus Casinos, Inc.
223 F.R.D. 541 (D. Nev. 2004) Cited 29 times
Holding that security guards who brought Fair Labor Standards Act claims had no standing to sue subsidiaries of employer's parent corporation other than their own employer and thus they could not maintain class action against other subsidiaries
LI v. Renewable Energy Solutions, Inc.
Civ. Action No.: 11-3589 (FLW) (D.N.J. Feb. 21, 2012) Cited 14 times
Explaining that "this factor may be present for a worker whose earnings are tied to his performance"
Sampson v. Medisys Health Network, Inc.
10-CV-1342 (SJF)(ARL) (E.D.N.Y. Jul. 24, 2012) Cited 9 times
Dismissing complaint that alleged, among other things, that defendants had "a centralized approach to management and human resources" and "centralized payroll system"
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 358,269 times 949 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1367 - Supplemental jurisdiction
28 U.S.C. § 1367 Cited 64,290 times 81 Legal Analyses
Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"
Section 630 - Liability of shareholders for wages due to laborers, servants or employees
N.Y. Bus. Corp. Law § 630 Cited 101 times 1 Legal Analyses
Making the ten largest shareholders of a corporation whose shares are not nationally quoted or listed liable for unpaid debts and wages owing by the corporation to its employees

John Doe I et al v. Four Brothers Pizza, Inc. et al

21 Cited authorities

Holding that a prisoner must show an actual injury to state a claim for denial of access to courts

Holding that Title VII's numerosity requirement is nonjurisdictional even though it serves the important policy goal of “spar[ing] very small businesses from Title VII liability”

Holding that the party invoking a federal court's jurisdiction "has the burden of proving by a preponderance of the evidence that it exists"

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

Holding that the Federal Tort Claims Act's "scope-of-employment requirement" was jurisdictional because the requirement "appears in the same sentence as Congress's grant of jurisdiction" and thus should be resolved under Rule 12(b)

Holding that the plaintiff sufficiently alleged standing because he adequately alleged that the defendants violated federal labor laws

Concluding that allegations that entities work together or are a joint enterprise does not establish that entities are joint employers

Holding that security guards who brought Fair Labor Standards Act claims had no standing to sue subsidiaries of employer's parent corporation other than their own employer and thus they could not maintain class action against other subsidiaries

Explaining that "this factor may be present for a worker whose earnings are tied to his performance"

Dismissing complaint that alleged, among other things, that defendants had "a centralized approach to management and human resources" and "centralized payroll system"

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

Making the ten largest shareholders of a corporation whose shares are not nationally quoted or listed liable for unpaid debts and wages owing by the corporation to its employees