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Leung et al v. New York University et al

MEMORANDUM OF LAW in Support re: 83 MOTION for Default Judgment as to defendants Richard Cohen, Daniel Bensimon, Jessica Garcia, Carol Strapkay, Ginelle Andrews, Sabrina Stines and Jean Goldberg. . Document

26 Cited authorities

  1. Burlington Indus., Inc. v. Ellerth

    524 U.S. 742 (1998)   Cited 7,252 times   93 Legal Analyses
    Holding that an employer is not liable for a hostile work environment created by one of its employees when "the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and . . . the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise"

  2. Tomka v. Seiler Corp.

    66 F.3d 1295 (2d Cir. 1995)   Cited 2,041 times   4 Legal Analyses
    Holding that Title VII action may be maintained only against "employer-entity"

  3. Greyhound Exhibitgroup v. E.L.U.L. Realty

    973 F.2d 155 (2d Cir. 1992)   Cited 2,020 times
    Finding a categorical distinction between proximate cause “as it pertains to the assignment of liability in the first instance,” and proximate cause “as it relates to the ministerial calculation of damages” after a default judgment

  4. Whidbee v. Garzarelli Food Specialties, Inc.

    223 F.3d 62 (2d Cir. 2000)   Cited 951 times   2 Legal Analyses
    Holding that the same standard applies to hostile-work-environment claims under both Title VII and § 1981

  5. Frito-Lay v. Waits

    506 U.S. 1080 (1993)   Cited 335 times
    Finding plaintiff must prove fact or causation of antitrust injury

  6. Fustok v. Conticommodity Services, Inc.

    873 F.2d 38 (2d Cir. 1989)   Cited 970 times
    Holding that the District Court's calculation of attorney's fees based on an affidavit detailing the hours spent on the case "d[id] not constitute a denial of due process"

  7. Old Republic Ins. v. Pacific Financial Services

    301 F.3d 54 (2d Cir. 2002)   Cited 370 times
    Holding that hearing was unnecessary where sworn affidavit did not refute "specific facts" established by process server

  8. Flaks v. Koegel

    504 F.2d 702 (2d Cir. 1974)   Cited 836 times
    Holding that punitive damages are unavailable under § 10(b) and the regulations promulgated thereunder

  9. Neirbo Co. v. Bethlehem Corp.

    308 U.S. 165 (1939)   Cited 730 times   2 Legal Analyses
    Holding that venue is non-jurisdictional and can be waived

  10. Kaluczky v. City of White Plains

    57 F.3d 202 (2d Cir. 1995)   Cited 401 times
    Holding that once an appellate court has "jurisdiction over some questions on appeal may [it] exercise its discretion to take pendent jurisdiction over independent nonappealable, but related questions"

  11. 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 362,607 times   962 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1981 - Equal rights under the law

    42 U.S.C. § 1981   Cited 38,918 times   265 Legal Analyses
    Granting equal rights to "make and enforce contracts" without regard to race

  13. Rule 55 - Default; Default Judgment

    Fed. R. Civ. P. 55   Cited 35,440 times   13 Legal Analyses
    Adopting similar language for acquiring default judgment against the United States

  14. Section 308 - Personal service upon a natural person

    N.Y. C.P.L.R. § 308   Cited 5,411 times
    Providing for "nail and mail" service and for service "in such manner as the court, upon motion without notice, directs, if service is impracticable under paragraphs one, two and four of this section"