· 12/23/2004
Carlton Porter v. New York University School of Law, Frank Conti, and Leonard Pisano
Citations
- 392 F.3d 530
- 10 Wage & Hour Cas.2d (BNA) 295
- 2004 U.S. App. LEXIS 26763
- 86 Empl. Prac. Dec. (CCH) 41,941
- 2004 WL 2965966
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that the Second Circuit uses the Supreme Court's definition of \willful\ as the term is used in the context of the Fair Labor Standards Act
- finding 3 that because facts alleged by Plaintiff “cannot conceivably amount to willful behavior,” summary judgment for the defendants was appropriate
- “If an employer acts reasonably in determining its legal obligation, its action cannot be deemed willful.”
- “since there is no dispute that Porter brought this claim more than two years after the last alleged wrongful act, his FMLA claim is time-barred.”
- claims raised for the first time in opposition to summary judgment should be “disregarded”
- “[I]f an employer acts reasonably in determining its legal obligation, its action cannot be deemed willful. If an employer acts unreasonably, but not recklessly, in determining its legal obligation, then it should not be considered willful.” (brackets and ellipses omitted
Source: CourtListener parenthetical corpus (CC0).
Judges: Meskill, Calabresi, Wesley
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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