§Why CasetextPricing

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

RESPONSE in Opposition re Notice of MOTION for Summary Judgment

59 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 240,497 times   39 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. Reeves v. Sanderson Plumbing Prods., Inc.

    530 U.S. 133 (2000)   Cited 21,460 times   22 Legal Analyses
    Holding that, since the 58-year-old plaintiff was fired by his 60-year-old employer, there was an inference that "age discrimination was not the motive"

  3. Trans World Airlines, Inc. v. Thurston

    469 U.S. 111 (1985)   Cited 1,871 times
    Holding McDonnell Douglas is inapplicable when direct evidence is presented

  4. Herman v. RSR Sec. Servs. Ltd.

    172 F.3d 132 (2d Cir. 1999)   Cited 1,102 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

  5. Zheng v. Liberty Apparel Co. Inc.

    355 F.3d 61 (2d Cir. 2003)   Cited 586 times   11 Legal Analyses
    Holding district court erred in applying only four factors regarding formal control

  6. Golden Pacific Bancorp v. F.D.I.C

    273 F.3d 509 (2d Cir. 2001)   Cited 417 times
    Holding that unjust enrichment claims premised on fiduciary breach obtained benefit of fiduciary tolling rule

  7. First Bank v. Motor Car

    257 A.D.2d 287 (N.Y. App. Div. 1999)   Cited 395 times
    Holding that fraudulent inducement claim may be based on allegations that a defendant made "a misrepresentation of present facts is collateral to the contract (though it may have induced the plaintiff to sign the contract) and therefore involves a separate breach of a duty"

  8. Williamson v. General Dynamics Corp.

    208 F.3d 1144 (9th Cir. 2000)   Cited 282 times
    Holding that state law career fraud claims are not categorically preempted by the FLSA, nor contrary to the FLSA's purpose of protecting employees

  9. Graham v. James

    144 F.3d 229 (2d Cir. 1998)   Cited 265 times   1 Legal Analyses
    Holding that when "the contested issue is the scope of a license, rather than the existence of one, the copyright owner bears the burden of proving that the defendant’s copying was unauthorized under the license."

  10. New York v. National Service Industries, Inc.

    460 F.3d 201 (2d Cir. 2006)   Cited 201 times
    Holding that a party is subject to liabilities and obligations that it expressly assumes

  11. Section 203 - Definitions

    29 U.S.C. § 203   Cited 6,961 times   280 Legal Analyses
    Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable

  12. Section 213 - Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud

    N.Y. C.P.L.R. § 213   Cited 5,572 times   8 Legal Analyses
    Applying six-year statute of limitations to actions "for which no limitation is specifically prescribed by law"

  13. Section 255 - Statute of limitations

    29 U.S.C. § 255   Cited 4,637 times   8 Legal Analyses
    Recognizing that not all FLSA wage and overtime claims are willful

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

    N.Y. Gen. Oblig. Law § 5-701   Cited 1,736 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”

  15. Section 663 - Civil action

    N.Y. Lab. Law § 663   Cited 479 times
    Creating civil action for violation of compensation provisions

  16. Section 10 - Partnership defined

    N.Y. Partnership Law § 10   Cited 114 times   1 Legal Analyses

    1. A partnership is an association of two or more persons to carry on as co-owners a business for profit and includes for all purposes of the laws of this state, a registered limited liability partnership. 2. But any association formed under any other statute of this state, or any statute adopted by authority, other than the authority of this state, is not a partnership under this chapter, unless such association would have been a partnership in this state prior to the adoption of this chapter; but

  17. Section 27 - Partner by estoppel

    N.Y. Partnership Law § 27   Cited 38 times

    1. When a person, by words spoken or written or by conduct, represents himself, or consents to another representing him to any one, as a partner in an existing partnership or with one or more persons not actual partners, he is liable to any such person to whom such representation has been made, who has, on the faith of such representation, given credit to the actual or apparent partnership, and if he has made such representation or consented to its being made in a public manner he is liable to such