S.D. New York· 3/31/2011

Missere v. Gross

Citations

826 F. Supp. 2d 542
2011 U.S. Dist. LEXIS 141327
2011 WL 6030665

How courts have described this case

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

holding that lobbying and pressuring officials to take action was not sufficient to establish that a private party was a state actor
observing that “[t]he touchstone of joint action is often a plan, prearrangement, conspiracy, custom, or policy shared” by the private actor and the [state] actor”
explaining that a motion for judgment on the pleadings is “governed by the identical standard of review” as a motion to dismiss (citation and quotation marks omitted)
explaining that a motion for judgment on the pleadings is “governed by the identical standard of review” as a motion to dismiss (citation and quotation marks omitted)
stating that some courts have framed the standard as whether “a prudent person, looking 4 objectively at the incidents, would think them roughly equivalent” (internal quotation marks and citation omitted)
noting that the Second Circuit rejected an overly broad reading of Engquist in Analytical Diagnostic based on the Supreme Court distinguishing “between government acting as proprietor and manager of its own operations (e.g., as employer

Source: CourtListener parenthetical corpus (CC0).

Judges: Kenneth M. Karas

Read full opinion on CourtListener

Cited by

19 cases in this archive cite this case.

Cites

88 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.