· 6/22/2011
Claudio v. MGS MacHine Corp.
Citations
- 798 F. Supp. 2d 575
- 2011 U.S. Dist. LEXIS 66454
- 2011 WL 2473737
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding the employer “exercised the dispositive control” by creating assignments and instructing the plaintiff how to complete them
- applying borrowed servant doctrine notwithstanding that a separate staffing company “played a part in [the plaintiff’s] training”
- staffing agency’s role in hiring employee, paying his salary and workmen’s compensation benefits, and its sole ability to discipline or terminate him, were “of limited weight” in the analysis
- applying borrowed servant doctrine where employer assigned work location and specific jobs to employee, provided training, dictated the dress code, required he wear identification badge with its logo, and “could ... end [his] assignment ... if dissatisfied with his work”
- federal subject matter jurisdiction does not require diversity between plaintiff and third-party defendant when there are no direct claims between them
- “By creating assignments for Claudio and instructing him how to accomplish them, TBC exercised the dispositive control.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Anita B. Brody
Read full opinion on CourtListenerSourced 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.