Giraldo v. Brookfield Fin. Props., L.P.

How courts have described this case

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

• holding that under the MWA, the question of whether an employee was an independent contractor or an employee was a question of statutory interpretation
• “Prejudice is presumed if the instruction contains a clear misstatement of law; prejudice must be demonstrated if the instruction is merely misleading.’’
• “The economic-dependence test provides broader coverage than does the right-to-control test. Liberal construction favors the economic-dependence test.” (citation omitted)
• “[T]he fact that the instructions compelled [the plaintiff] to argue a theory of the case contrary to the one it advocated is evidence of the prejudice, not evidence of its absence.”
• “Prejudice is presumed if the instruction contains a clear misstatement of law.”
• “At least where there is no contrary legislative intent, when a state statute is ‘taken substantially verbatim from [a] federal statute, it carries the same construction as the federal law and the same interpretation as federal case law.’ ”

Source: CourtListener parenthetical corpus (CC0).