Legal Opinion

Murray v. Miner

Court of Appeals for the Second Circuit

Decided January 18, 1996No. 203, Docket 95-7256PublishedCited by 37 opinions

1Opinion of the Court

MESKILL, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Southern District of New York dismissing a complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted. We affirm the dismissal and hold that the single employer doctrine does not apply in the absence of an employer-employee relationship at the time of the alleged wrong.

BACKGROUND

This diversity case involves an attempt to impose on defendants liability for judgments entered against a now-defunct corporation in two prior…

2Cases cited13 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  3. Scheuer v. RhodesSupreme Court of the United States · 1974
  4. Robert H. E. Frank, Jerry D. Mooberry, Tyrone G. Moreno v. U.S. West, Inc.Court of Appeals for the Tenth Circuit · 1993
  5. Radio & Television Broadcast Technicians Local Union 1264 v. Broadcast Service of Mobile, Inc.Supreme Court of the United States · 1965

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3Cited by37 opinions

  1. Norma J. Nesbit v. Gears Unlimited, IncCourt of Appeals for the Third Circuit · 2003
  2. Pearson v. Component Technology CorporationCourt of Appeals for the Third Circuit · 2001
  3. Charles Swallows, Teresia Walker, and Vickie Heidel v. Barnes & Noble Book Stores, Inc., State of TennesseeCourt of Appeals for the Sixth Circuit · 1997
  4. Bravado International Group Merchandising Services, Inc. v. Ninna, Inc.District Court, E.D. New York · 2009
  5. Murray v. MinerCourt of Appeals for the Second Circuit · 1996

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