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· 3/16/2011

DeSilva v. North Shore-Long Island Jewish Health System, Inc.

Citations

  • 770 F. Supp. 2d 497
  • 50 Employee Benefits Cas. (BNA) 2829
  • 2011 U.S. Dist. LEXIS 27138
  • 2011 WL 899296

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that RICO claim was unripe where injury was premised on “hypothetical inability to recover” from defendant
  • holding the alleged RICO violations were “not the proximate cause of the ultimate harm to plaintiffs, which instead originates in defendants’ underlying” FLSA violation allegations
  • explaining that “civil RICO claims [are] precluded where . . . the RICO claims are based on the same facts that would allow recovery under [an] alternative scheme” such as the NLRA
  • requiring the plaintiff to allege the approximate number of hours worked and overtime wages to survive a motion to dismiss
  • noting that a court “may consider the plan documentation submitted by defendants [on a motion to dismiss] because the plaintiffs’ claims are based upon the ERISA plans and the plan documents plainly are integral to plaintiffs’ complaint”
  • finding a distinct enterprise was insufficiently pled on allegations virtually identical to those made here

Source: CourtListener parenthetical corpus (CC0).

Judges: Joseph F. Bianco

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.