§Why CasetextPricing

Alvarez-Soto et al v. B. Frank Joy, Llc

MOTION to Dismiss for Failure to State a Claim, in Part, Plaintiff's Second Amended Putative Class and Collective Action Complaint

29 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,813 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,791 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 17,380 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

  4. Mylan Laboratories, Inc. v. Matkari

    7 F.3d 1130 (4th Cir. 1993)   Cited 4,202 times   2 Legal Analyses
    Holding that the plaintiff's "claims that the defendants falsely represented that their drugs had been ‘properly approved by the FDA’ must fail"

  5. Anderson v. Sara Lee

    508 F.3d 181 (4th Cir. 2007)   Cited 582 times   3 Legal Analyses
    Holding that the FLSA preempts state law claims that "depend on establishing that [the defendant] violated the FLSA"

  6. Darveau v. Detecon

    515 F.3d 334 (4th Cir. 2008)   Cited 293 times   2 Legal Analyses
    Holding that "an employer filing a lawsuit against a former employee without a reasonable basis in law or fact constitutes an act of retaliation under [the FLSA]"

  7. Tsintolas Realty Co. v. Mendez

    984 A.2d 181 (D.C. 2009)   Cited 210 times
    Holding that attaching a copy of a settlement agreement to a motion did not constitute a material breach of a confidentiality provision

  8. Polek v. J.P. Morgan Chase Bank, N.A.

    424 Md. 333 (Md. 2012)   Cited 124 times
    Affirming the dismissal of accounting claims on the basis that the contractual relationship between the parties was not fiduciary in nature and any fiduciary relationship that otherwise existed had "expired long ago"

  9. Jones v. HCA

    16 F. Supp. 3d 622 (E.D. Va. 2014)   Cited 39 times
    Finding that negative performance reviews were not sufficient to maintain a hostile work environment claim without any evidence that such reviews were a part of "a pattern of extremely abusive language or otherwise pervasive conduct based on plaintiff's race"

  10. Xereas v. Heiss

    933 F. Supp. 2d 1 (D.D.C. 2013)   Cited 26 times
    Holding that plaintiff successfully stated a claim for cybersquatting pursuant to the ACPA against the defendant corporation by alleging that the company revised a domain name's registration information without permission after removing plaintiff, the original domain name registrant and mark owner, from his management role

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 362,607 times   962 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,455 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1981 - Equal rights under the law

    42 U.S.C. § 1981   Cited 38,918 times   265 Legal Analyses
    Granting equal rights to "make and enforce contracts" without regard to race

  14. Section 215 - Prohibited acts; prima facie evidence

    29 U.S.C. § 215   Cited 2,724 times   50 Legal Analyses
    Recognizing as a protected activity an individual's “testif[ying] ... in any such proceeding” “under or related to this chapter”

  15. Section 3141 - Definitions

    40 U.S.C. § 3141   Cited 148 times   18 Legal Analyses
    Defining "prevailing wages" to include "bona fide fringe benefits, but only where the contractor or subcontractor is not required by other federal, state, or local law to provide any of those benefits"

  16. Section 32-1301 - Definitions

    D.C. Code § 32-1301   Cited 145 times   4 Legal Analyses
    Excluding District agencies from definition of employer under the DCWPL

  17. Section 3-503 - Deductions

    Md. Code, Lab. & Empl. § 3-503   Cited 29 times

    An employer may not make a deduction from the wage of an employee unless the deduction is: (1) ordered by a court of competent jurisdiction; (2) authorized expressly in writing by the employee; (3) allowed by the Commissioner because the employee has received full consideration for the deduction; or (4) otherwise made in accordance with any law or any rule or regulation issued by a governmental unit. Md. Code, LE § 3-503

  18. Section 32-131.02 - Provision of paid leave. [Recodified]

    D.C. Code § 32-131.02   Cited 1 times   1 Legal Analyses

    D.C. Code § 32-131.02 May 13, 2008, D.C. Law 17-152, § 3, 55 DCR 3452; Mar. 25, 2009, D.C. Law 17-353, § 311(a), 56 DCR 1117; Feb. 22, 2014, D.C. Law 20-89, § 2(b), 61 DCR 317.