Case Details
- Nature of Suit
- 710 Labor: Fair Standards
- Status
- Unknown
- Procedural Posture
- motion to dismiss
- State
- New York
- Circuit
- 2nd Circuit
Related Laws
No specific laws identified for this ruling.
Claim Types
Outcome
The court denied plaintiff's motion for default judgment against the Braskem Defendants on Counts I and IV, finding that while the defendants' answer was untimely, default judgment was inappropriate given the defendants' prompt correction of the error, lack of prejudice to plaintiff, and the Fourth Circuit's strong preference for resolving claims on their merits.
Similar Rulings
<bold>Libel and Slander — Report of suspected child abuse — presumption of good</bold> <bold>faith — actual malice</bold> <block_quote> Although plaintiff-customer contends defendant-salesperson reported plaintiff's behavior of suspected child abuse or neglect to the Department of Social Services based on retaliatory motives, the Court of Appeals erred in reversing summary judgment in favor of defendants on the slander per se claim because: (1) N.C.G.S. § 7A-543 (now N.C.G.S. § <cross_reference>7B-301</cross_reference>) imposes an affirmative duty for anyone with cause to suspect child abuse or neglect to report that conduct; (2) N.C.G.S. § 7A-550 (now N.C.G.S. § <cross_reference>7B-309</cross_reference>) provides immunity from liability to those who act in accordance with the reporting statute and presumes the reporter's good faith; and (3) plaintiff did not meet her burden under N.C.G.S. § <cross_reference>8C-1</cross_reference>, Rule 301 to show defendant's bad faith or actual malice.</block_quote>
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