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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.