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· 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 CourtListener

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.