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Kaur et al v. Royal Arcadia Palace, Inc. et al

MEMORANDUM in Support re Notice of MOTION for Summary Judgment

29 Cited authorities

  1. Carnegie-Mellon Univ. v. Cohill

    484 U.S. 343 (1988)   Cited 11,123 times   1 Legal Analyses
    Holding district courts have discretion whether to dismiss state law claims after all the federal claims are dismissed and explaining the factors courts should consider when doing so

  2. McLaughlin v. Richland Shoe Co.

    486 U.S. 128 (1988)   Cited 1,952 times   12 Legal Analyses
    Holding that the "plain language" of the Fair Labor Standards Act's "willful" liquidated damages standard requires that "the employer either knew or showed reckless disregard for the matter of whether its conduct was prohibited by the statute," without regard to the outrageousness of the conduct at issue

  3. Lama Holding Co. v. Smith Barney Inc.

    88 N.Y.2d 413 (N.Y. 1996)   Cited 2,155 times   3 Legal Analyses
    Holding that damages that are "undeterminable" or speculative cannot serve as the basis of a fraud claim

  4. Kolari v. New York-Presbyterian Hosp

    455 F.3d 118 (2d Cir. 2006)   Cited 1,311 times
    Holding district court erred in exercising jurisdiction over state law claims where plaintiffs' "federal-law claims were eliminated . . . prior to the investment of significant judicial resources"

  5. Tony & Susan Alamo Found. v. Sec'y of Labor

    471 U.S. 290 (1985)   Cited 656 times   17 Legal Analyses
    Holding that workers were employees, not volunteers, where food, shelter, and other benefits upon which they were dependent constituted “wages in another form”

  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. Allstate Insurance v. Hamilton Beach/Proctor Silex, Inc.

    473 F.3d 450 (2d Cir. 2007)   Cited 159 times
    Holding that a district court abused its discretion in imposing sanctions for spoliation, where the moving party did not request the preservation of the destroyed evidence and disclaimed any interest in it, despite a full opportunity to inspect the evidence

  8. Town v. Town

    477 F.3d 38 (2d Cir. 2007)   Cited 124 times
    Finding no discrimination where the law "does not give any advantage to local businesses at the expense of out-of-state competitors"

  9. Dinaco, Inc. v. Time Warner, Inc.

    346 F.3d 64 (2d Cir. 2003)   Cited 93 times
    Holding royalty agreement between parties that provided a royalty of 10% net revenues was not evidence of an agreement to share profits

  10. Chen v. Street Beat Sportswear, Inc.

    364 F. Supp. 2d 269 (E.D.N.Y. 2005)   Cited 79 times
    Holding that the FLSA preempted negligence claims because they were “founded upon the same facts as and therefore duplicative of the FLSA claims”

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,775 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 201 - Short title

    29 U.S.C. § 201   Cited 20,928 times   102 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work

  13. Section 206 - Minimum wage

    29 U.S.C. § 206   Cited 8,816 times   98 Legal Analyses
    Asking only whether the alleged inequality resulted from “any other factor other than sex”

  14. Section 203 - Definitions

    29 U.S.C. § 203   Cited 6,791 times   274 Legal Analyses
    Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable

  15. Section 255 - Statute of limitations

    29 U.S.C. § 255   Cited 4,537 times   8 Legal Analyses
    Recognizing that not all FLSA wage and overtime claims are willful

  16. Rule 802 - The Rule Against Hearsay

    Fed. R. Evid. 802   Cited 3,826 times   11 Legal Analyses
    Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay

  17. Section 5-701 - Agreements required to be in writing

    N.Y. Gen. Oblig. Law § 5-701   Cited 1,717 times   3 Legal Analyses
    Stating that an oral agreement is void if “[b]y its terms is not to be performed within one year from the making thereof”

  18. Section 650 - Statement of public policy

    N.Y. Lab. Law § 650   Cited 530 times   1 Legal Analyses

    There are persons employed in some occupations in the state of New York at wages insufficient to provide adequate maintenance for themselves and their families. Such employment impairs the health, efficiency, and well-being of the persons so employed, constitutes unfair competition against other employers and their employees, threatens the stability of industry, reduces the purchasing power of employees, and requires, in many instances, that wages be supplemented by the payment of public moneys for