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S.D. New York· 10/23/2013

Klein v. Torrey Point Group, LLC

Citations

  • 979 F. Supp. 2d 417
  • 2013 WL 5761401
  • 2013 U.S. Dist. LEXIS 152875

How courts have described this case

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

  • finding that even an “unavailing” reason is substantially justified in the Rule 37 context as long as it is not “unreasonable, frivolous or [based in a] completely unsupportable reading of the law”
  • finding that a “responding party’s refusal to produce documents on the basis that they are irrelevant can provide substantial justification unless such a position ‘involves an unreasonable, frivolous or completely unsupportable reading of the law’”
  • denying motion for fees and costs under Rule 37 where there was substantial justification for refusing discovery, even where the party’s arguments for refusing discovery were unavailing
  • refusing to award attorneys’ fees under Rule 37(a) when defendant initially withheld records on relevance grounds because although “[d]efendant’s relevancy argument . . . proved unavailing, it was not without substance”
  • noting the “the critical difference between employees contesting the adequacy of past overtime payments actually distributed pursuant to the FWW method[] and employees contesting their past classification as exempt from overtime payments at all”
  • noting, in summary judgment context, that a manager’s specific job duties – including his ability to set his own schedule and supervise other employees – are material “factors” to determining whether he may be administrative exempt from the FLSA overtime requirement

Source: CourtListener parenthetical corpus (CC0).

Judges: Failla

Read full opinion on CourtListener

Cited by

8 cases in this archive cite this case.

Cites

51 cases in this archive are cited by this case; the 20 most cited are listed.

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.