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Swarna v. Al-awadi et al

MEMORANDUM OF LAW in Support re: 31 MOTION for Default Judgment as to All Defendants.. Document

67 Cited authorities

  1. Sosa v. Alvarez-Machain

    542 U.S. 692 (2004)   Cited 1,204 times   16 Legal Analyses
    Holding that no "private cause of action" had been Congressionally authorized, and thus, plaintiff was "not entitled to a remedy"

  2. Republic of Argentina v. Weltover, Inc.

    504 U.S. 607 (1992)   Cited 668 times   7 Legal Analyses
    Holding an effect was not direct because it was "too remote and attenuated"

  3. Credit Lyonnais Securities (USA), Inc. v. Alcantara

    183 F.3d 151 (2d Cir. 1999)   Cited 1,648 times
    Holding that personal jurisdiction was proper under N.Y. C.P.L.R. § 302 based on defendants' active account with plaintiff security broker from which a series of transactions were made that formed the basis of the lawsuit

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

    973 F.2d 155 (2d Cir. 1992)   Cited 2,008 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

  5. United States v. Kozminski

    487 U.S. 931 (1988)   Cited 469 times
    Holding that for purposes of prosecution under § 241 for subjecting an individual to involuntary servitude, the jury must be instructed that involuntary servitude is the compulsion of services by the use or threatened use of physical or legal coercion

  6. Goldman v. Metropolitan Life

    2005 N.Y. Slip Op. 8846 (N.Y. 2005)   Cited 676 times   1 Legal Analyses
    Holding that "there was no unjust enrichment because the matter is controlled by contract"

  7. Rocanova v. Equitable Life

    83 N.Y.2d 603 (N.Y. 1994)   Cited 991 times   1 Legal Analyses
    Holding "[p]unitive damages are not recoverable for an ordinary breach of contract"

  8. Vietman v. Dow Chemical

    517 F.3d 104 (2d Cir. 2008)   Cited 370 times   1 Legal Analyses
    Concluding that plaintiffs had not provided "support a universally-accepted norm prohibiting the wartime use of Agent Orange that is defined with the degree of specificity required by Sosa"

  9. Tennessee Coal Co. v. Muscoda Local

    321 U.S. 590 (1944)   Cited 716 times   13 Legal Analyses
    Holding that underground travel to iron ore mines was compensable work

  10. Banque Arabe et Internationale v. Md. Nat. Bank

    57 F.3d 146 (2d Cir. 1995)   Cited 462 times   1 Legal Analyses
    Holding that no special relationship exists in a banking relationship generally

  11. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 100,847 times   140 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  12. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 64,902 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"

  13. Rule 55 - Default; Default Judgment

    Fed. R. Civ. P. 55   Cited 35,209 times   13 Legal Analyses
    Adopting similar language for acquiring default judgment against the United States

  14. Section 206 - Minimum wage

    29 U.S.C. § 206   Cited 9,084 times   101 Legal Analyses
    Asking only whether the alleged inequality resulted from “any other factor other than sex”

  15. Section 5001 - Interest to verdict, report or decision

    N.Y. CPLR 5001   Cited 2,488 times   4 Legal Analyses
    Allowing prejudgment interest in contract cases

  16. Section 1330 - Actions against foreign states

    28 U.S.C. § 1330   Cited 1,690 times   13 Legal Analyses
    Granting district courts with jurisdiction over claims against "foreign state"

  17. Section 5004 - Rate of interest

    N.Y. C.P.L.R. § 5004   Cited 1,652 times   1 Legal Analyses
    Governing New York State statutory interest rate for pre-judgment interest

  18. Section 1602 - Findings and declaration of purpose

    28 U.S.C. § 1602   Cited 1,471 times   19 Legal Analyses
    Setting forth Congressional findings and the purposes of FSIA

  19. Section 1350 - Alien's action for tort

    28 U.S.C. § 1350   Cited 1,191 times   64 Legal Analyses
    Granting district courts jurisdiction over "any civil action . . . for a tort only, committed in violation of the law of nations"

  20. Section 1589 - Forced labor

    18 U.S.C. § 1589   Cited 756 times   15 Legal Analyses
    Defining "serious harm" as that which would compel a "reasonable person" to perform or continue performing labor to avoid incurring such harm

  21. Section 142-2.4 - Additional rate for split shift and spread of hours

    N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 142-2.4   Cited 329 times   1 Legal Analyses
    Entitling employee to one hour's pay at minimum hourly wage rate, in addition to the minimum wage required for hours worked, for any day in which the “spread of hours exceeds 10 hours”