§Why CasetextPricing

Yang et al v. Shanghai Cafe Inc. et al

MEMORANDUM OF LAW in Opposition re: 114 FIRST MOTION for Summary Judgment.. Document

38 Cited authorities

  1. Feingold v. New York

    366 F.3d 138 (2d Cir. 2004)   Cited 2,065 times   2 Legal Analyses
    Holding that plaintiff's Section 1983 claims against the New York State Department of Motor Vehicles (the "DMV") were "clearly barred by the Eleventh Amendment because the DMV is a state agency"

  2. Lucente v. International Bus. Machines Corp.

    310 F.3d 243 (2d Cir. 2002)   Cited 1,465 times   2 Legal Analyses
    Holding that the New York rule does not apply in breach of contract cases

  3. Giannullo v. City of New York

    322 F.3d 139 (2d Cir. 2003)   Cited 1,314 times
    Holding that "unsupported assertions [in a Local Rule 56.1 statement] must . . . be disregarded"

  4. Marvel Characters, Inc. v. Simon

    310 F.3d 280 (2d Cir. 2002)   Cited 1,044 times   2 Legal Analyses
    Holding that "a dismissal, with prejudice, arising out of a settlement agreement, operates as a final judgment for res judicata purposes"

  5. Herman v. RSR Sec. Servs. Ltd.

    172 F.3d 132 (2d Cir. 1999)   Cited 1,092 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

  6. Fall River Dyeing & Finishing Corp. v. Nat'l Labor Relations Bd.

    482 U.S. 27 (1987)   Cited 367 times   12 Legal Analyses
    Holding that the new employer must bargain with the old union, if the new employer is a true successor, and discussing factors

  7. Stern v. Trustees of Columbia University, N.Y

    131 F.3d 305 (2d Cir. 1997)   Cited 825 times   2 Legal Analyses
    Holding that evidence of defendant's substantial deviation from ingrained normal hiring procedure demonstrated pretext

  8. NetJets Aviation, Inc. v. LHC Communications, LLC

    537 F.3d 168 (2d Cir. 2008)   Cited 386 times
    Holding account stated claim not duplicative of breach of contract claim where attorneys' fees recoverable under breach of contract claim but not account stated claim

  9. Cresswell v. Sullivan Cromwell

    922 F.2d 60 (2d Cir. 1990)   Cited 544 times
    Holding that a United States citizen domiciled abroad cannot ever be diverse from any opposing party

  10. Cargo Partner AG v. Albatrans, Inc.

    352 F.3d 41 (2d Cir. 2003)   Cited 265 times
    Holding continuity of ownership "is the essence of" a de facto merger

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 333,232 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 196 - Powers of commissioner

    N.Y. Lab. Law § 196   Cited 35 times   1 Legal Analyses

    1. In addition to the powers of the commissioner specified in other sections of this chapter, the commissioner shall have the following duties, powers and authority: a. He or she shall investigate and attempt to adjust equitably controversies between employers and employees relating to this article, or article five, seven, nineteen or nineteen-A of this chapter. b. He or she may take assignments of claims for wages under this chapter from employees or third parties in trust for such employees or