Blog Post
Aug 23, 2013
Who Needs The Summers Off? Second Circuit Issues Third Decision This Summer Addressing Wage-Hour Pleading Standards
It has been a very busy summer for Judges on the Second Circuit, who on Wednesday issued their third decision in the past two months (most recently reported on here), and their fourth since March, addressing the adequacy of pleading in wage-hour cases.
In Gordon v. Kaleida Health [here], one of many large class/collective actions brought against New York-area hospitals and healthcare institutions alleging unlawful pay practices, the plaintiffs asked the Second Circuit to review a District Court decision dismissing their complaints. They argued that once the lower court decided to dismiss their federal claims, it should have declined to exercise jurisdiction over their remaining state law claims and simply sent the case to State court.
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