Paul A. Crotty
How Judge Crotty rules, drawn from 19 signed orders. Every observation links to the order it came from.
How Judge Crotty decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
At the conditional-certification stage, a concrete but modest showing of a shared unlawful policy can be enough, and declarations or hearsay may support notice.
“Plaintiffs’ burden at this stage is minimal; Plaintiffs need only make a ‘modest factual showing’ that they and potential opt-in plaintiffs ‘ “together were victims of a common policy or plan that violated the law.” ’”
Procedural preferences
He distinguishes generalized proof from individualized proof when testing whether class-wide issues predominate.
“Class-wide issues predominate if ‘resolution of some of the legal or factual questions ... can be achieved through generalized proof,’ and are ‘more substantial than the issues subject only to individualized proof.’”
Cautions
He treats post-employment blacklisting and interference as capable of undermining whistleblower protections.
“Moreover, a contrary holding would discourage employees from exposing fraudulent activities of their former employers for fear of retaliation in the form of blacklisting or interference with subsequent employment.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“NYPPP’s motion for summary judgment is GRANTED.”
“The Bankruptcy Court’s order dated September 5, 2014 (Bankr. Dkt. 12258) is AFFIRMED.”
“Plaintiffs motion for conditional certification of the collective action, to compel Defendant to provide information regarding situated employees for the six-year period prior to this lawsuit, and for court-authorized notice under § 216(b) of the FLSA is GRANTED, subject to the modification of Plaintiffs’ proposed notice detailed above”
“Defendant’s motion to dismiss the Title VII and ADEA claims is GRANTED, and the Complaint is dismissed without prejudice.”
“For the foregoing reasons, the Court DENIES Defendants’ motion to dismiss.”
“The Court grants Plaintiffs motion for class certification.”
“Defendants’ motion, to dismiss is granted.”
“For the foregoing reasons, Plaintiffs’ motion is GRANTED IN PART and DENIED IN PART. ACI and Messers. Presser, Misseri, and Cestaro are added to this action as additional defendants, but Plaintiff’s claim under NYLL § 195 is disallowed.”
“The motion to dismiss the portion of Plaintiffs SOX claim concerning his post-employment deposition testimony is DENIED; the motion to dismiss the DFA claim is GRANTED; the motion to dismiss the tortious interference with contract claim is GRANTED; the motion to dismiss the tortious interference with business relations claim is DENIED; and the motion to dismiss the defamation claim is GRANTED with respect to the statements by Arora and DENIED with respect to the statements by Slowikowska.”
“The Clerk of the Court is ORDERED, pursuant to Fed.R.Civ.P. 42(a), to consolidate: 10 Civ. 3461,10 Civ. 3493,10 Civ. 3595, 10 Civ. 3616, 10 Civ. 4786, and 10 Civ. 4812.”
“the Pension Group’s motion (document # 18 in 10 Civ. 3461) for appointment as lead plaintiff is GRANTED, and its choice of co-lead counsels is approved”
“All other applications for designation as lead counsel and selection of counsel are DENIED.”
“the motion to dismiss the action for lack of personal jurisdiction or, in the alternative, to transfer the action to the Central District of California, is denied.”
“The motion to disqualify Plaintiffs counsel, Raymond J. Markovich, is granted.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 657 days (N = 8).
Half of the sampled matters involved labor, employment, or ERISA claims; the remainder spanned post-conviction, securities, immigration, and education-related disputes.
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