Legal Opinion
Robbins v. City of New York
District Court, E.D. New York
Decided May 24, 2017No. 17 Civ. 2229 (BMC)PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM DECISION AND ORDER
COGAN, District Judge.
When a plaintiff takes inconsistent positions about whether to maintain federal claims that led to the removal of the action to federal court, her ultimate decision to proceed on only the state claims warrants dismissal of the state claims without prejudice, not remand.
BACKGROUND
Plaintiff originally brought this employment discrimination action in state court, alleging that she was discriminated against and subjected to a hostile work environment because she is over 50 and Jewish. She alleged four causes of action — violation of (1) her…
2Cases cited12 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Ruhrgas Ag v. Marathon Oil Co.Supreme Court of the United States · 1999
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3Cited by7 opinions
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- Corex, S.p.A. v. Cargo Compass S.p.A.; Reliable Shipping Services Inc.; M&M International Imports LLC; and Orlando Food Sales, Inc.District Court, E.D. New York · 2025
- Heusinger v. Catholic Health Home and Community Based CareDistrict Court, W.D. New York · 2021
- KNOPP v. SHELL OIL COMPANYDistrict Court, D. New Jersey · 2020
- Milton v. Ocwen Loan Servicing LLCDistrict Court, E.D. New York · 2020
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