Legal Opinion

Chellis v. New Century Transportation, Inc.

District Court, D. New Jersey

Decided February 16, 2012No. Civil Action No. 11-2797 (JEI/KMW)Published

1Opinion of the Court

ORDER DENYING DEFENDANT’S MOTION TO DISMISS (Dkt. No. 12)

IRENAS, Senior District Judge:

This matter having appeared before the Court on Defendant’s Motion to Dismiss for failure to state a claim (Dkt. No. 12); the Court having considered the submissions of the parties; and it appearing that:(1) Plaintiff worked as a truck loader for Defendant. (Compl. ¶ 16) Plaintiffs duties consisted of executing load plans developed by his superiors. (Id. at ¶¶ 19-20) Plaintiff did not have responsibility for exercising his own discretion or judgment when loading. (Id. at ¶¶ 22-24) Despite working in excess…

2Cases cited7 opinions

Ashcroft v. IqbalSupreme Court of the United States · 2009
Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
Phillips v. County of AlleghenyCourt of Appeals for the Third Circuit · 2008
Morse v. Lower Merion School DistrictCourt of Appeals for the Third Circuit · 1997
Alex Vaughn and George Rivers v. Watkins Motor Lines, Inc.Court of Appeals for the Sixth Circuit · 2002

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