· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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