· 6/25/1959
United States ex rel. Mulhollen v. Cavell
Citations
- 174 F. Supp. 923
- 1959 U.S. Dist. LEXIS 3118
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that defendant that employed and paid most of plaintiff class was “significant defendant” because it would be responsible for most of relief sought: payment of unlawfully withheld wages
- finding it \reasonably likely that more than two-thirds of the putative class members of the proposed class — all of whom work in New York — are citizens of New York.\
- finding absent defendant qualified as indispensable because [absent defendant] would undoubtedly be prejudiced if a judgment is rendered in this action in its absence, given that the complaint is directed towards [absent defendant]'s own compensation structure and policies.”
- considering affidavits provided by both parties in resolving a CAFA matter
- absentee owner-employer was a necessary party where complaint sought class-wide injunctive and declaratory relief from the owner of the workplace, even if ownership had changed
- “It is difficult to see how [plaintiff] could be accorded complete relief without [absent party], the entity that employs and, moreover, pays and makes charge backs to the wages of, members of the putative class.”
Source: CourtListener parenthetical corpus (CC0).
Judges: McIlvaine
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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