53 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Landgraf v. USI Film Prods.

    511 U.S. 244 (1994)   Cited 3,840 times   34 Legal Analyses
    Holding that a statute may apply retroactively when "clear congressional intent favor such a result"
  3. Shady Grove Orthopedic v. Allstate Ins. Co.

    559 U.S. 393 (2010)   Cited 1,186 times   45 Legal Analyses
    Holding that rules of civil procedure allowing multiple claims to be litigated together "neither change plaintiffs' separate entitlements to relief nor abridge defendants' rights; they alter only how the claims are processed"
  4. Makarova v. U.S.

    201 F.3d 110 (2d Cir. 2000)   Cited 4,075 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"
  5. Morrison v. Nat'l Austl. Bank

    547 F.3d 167 (2d Cir. 2008)   Cited 1,207 times   7 Legal Analyses
    Involving Rule 12(b) motion
  6. Snyder v. Harris

    394 U.S. 332 (1969)   Cited 1,016 times
    Holding that FED. R.CIV.P. 23 does not allow aggregation of individual claims to establish amount in controversy in class action brought under 28 U.S.C. § 1332
  7. Kuebel v. Black Decker

    643 F.3d 352 (2d Cir. 2011)   Cited 511 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
  8. Reilly v. Natwest Mkts. Grp. Inc.

    181 F.3d 253 (2d Cir. 1999)   Cited 711 times   5 Legal Analyses
    Holding that trial judges have wide discretion to impose sanctions for spoliation even in cases not involving "outrageous culpability"
  9. Conyers v. Rossides

    558 F.3d 137 (2d Cir. 2009)   Cited 387 times
    Holding that “the [TSA] Administrator's decision not to utilize the [Federal Aviation Administration]'s personnel management system in deciding whom to ‘employ’ or ‘appoint’ as a security screener, ‘is committed to agency discretion’ by ATSA Section 111(d) and, thus, is not reviewable under the [Administrative Procedure Act]”
  10. Tongkook America, Inc. v. Shipton Sportswear

    14 F.3d 781 (2d Cir. 1994)   Cited 423 times   1 Legal Analyses
    Holding failure to challenge amount in controversy is not determinative because subject matter jurisdiction cannot be waived
  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 354,229 times   943 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 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 113,606 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"
  13. Rule 20 - Permissive Joinder of Parties

    Fed. R. Civ. P. 20   Cited 11,547 times   22 Legal Analyses
    Granting courts authority to "issue orders-including an order for separate trials."
  14. Rule 21 - Misjoinder and Nonjoinder of Parties

    Fed. R. Civ. P. 21   Cited 7,615 times   14 Legal Analyses
    Granting district courts broad discretion when deciding whether to sever claims or to dismiss improperly joined claims or defendants
  15. Section 198 - Costs, remedies

    N.Y. Lab. Law § 198   Cited 1,122 times   8 Legal Analyses
    Requiring the notice be furnished "within ten business days of his or her first day of employment"
  16. Section 190 - Definitions

    N.Y. Lab. Law § 190   Cited 993 times   7 Legal Analyses
    Defining "wages" as "earnings for labor or services rendered"
  17. Section 901 - Prerequisites to a class action

    N.Y. CPLR 901   Cited 989 times   7 Legal Analyses
    Providing that "an action to recover a penalty, or minimum measure of recovery created or imposed by statute may not be maintained as a class action" unless the "statute creating or imposing penalty, or minimum measure of recovery specifically authorizes the recovery thereof in a class action"
  18. Section 193 - Deductions from wages

    N.Y. Lab. Law § 193   Cited 477 times   42 Legal Analyses
    Describing the limited circumstances in which employers may deduct wages
  19. Section 196-D - Gratuities

    N.Y. Lab. Law § 196-D   Cited 174 times   16 Legal Analyses
    Stating some exceptions not relevant here
  20. Section 517 - Remuneration

    N.Y. Lab. Law § 517   Cited 37 times

    1. Inclusions. "Remuneration" means every form of compensation for employment paid by an employer to his employee; whether paid directly or indirectly by the employer, including salaries, commissions, bonuses, and the reasonable money value of board, rent, housing, lodging, or similar advantage received. Where gratuities are received by the employee in the course of his employment from a person other than his employer, the value of such gratuities shall be determined by the commissioner and be deemed