· 8/28/2008
Torres v. Gristede's Operating Corp.
Citations
- 628 F. Supp. 2d 447
- 14 Wage & Hour Cas.2d (BNA) 294
- 2008 U.S. Dist. LEXIS 66066
- 2008 WL 4054417
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- ruling that there was no jurisdiction over counterclaims alleging sexual harassment and credit card fraud, as they were not related to plaintiffs’ FLSA claims
- holding that the “employment relationship does not establish a ‘common nucleus of operative fact’ where it is the sole fact connecting Plaintiffs’ federal overtime claims and [defendant’s] state law counterclaims”
- noting that “baseless claims or lawsuits designed to deter claimants from seeking legal redress constitute impermissibly adverse retaliatory actions”
- stating that the faithless servant counterclaims were permissive in comparison to the discrete sexual harassment and credit card fraud claims
- noting that the defendant failed to “meet its burden of proving the Individual Plaintiffs’ alleged misconduct underlying its faithless [employee] claims”
- finding that isolated and relatively routine misconduct did not warrant application of the faithless servant doctrine
Source: CourtListener parenthetical corpus (CC0).
Judges: Paul A. Crotty
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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