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· 9/9/2008

Umland v. PLANCO Financial Services, Inc.

Citations

  • 542 F.3d 59
  • 13 Wage & Hour Cas.2d (BNA) 1887
  • 102 A.F.T.R.2d (RIA) 6124
  • 2008 U.S. App. LEXIS 19225
  • 2008 WL 4138408

How courts have described this case

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

  • noting that a complaint’s allegations must be accepted as true, and read in the light most favorable to the plaintiff
  • finding that appellant’s unjust enrichment claim regarding her employer’s wrongful collection of FICA taxes was preempted by § 7422
  • finding that federal law preempted state-law claims for tax damages suffered because of misclassification
  • reading FICA’s provisions into every employment contract would contradict Congress’s decision not to expressly include a private right of action
  • reading FICA's provisions into every employment contract would contradict Congress's decision not to expressly include a private right of action
  • dismissing state law claim that “at root” alleged violation of federal statute

Source: CourtListener parenthetical corpus (CC0).

Judges: Scirica, Ambro, Jordan

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.