§Why CasetextPricing

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

MOTION to Dismiss for Failure to State a Claim the Individual Defendants from Plaintiffs' Second Amended Complaint or, in the Alternative,, MOTION for Summary Judgment

43 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,589 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 276,823 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. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 64,362 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

  4. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 240,687 times   39 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  5. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 220,173 times   41 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  6. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 17,233 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"

  7. Lujan v. National Wildlife Federation

    497 U.S. 871 (1990)   Cited 9,719 times   2 Legal Analyses
    Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete

  8. Giarratano v. Johnson

    521 F.3d 298 (4th Cir. 2008)   Cited 2,982 times
    Holding a court need not accept as true a complaint's legal conclusions, "unwarranted inferences, unreasonable conclusions, or arguments."

  9. Dowe v. Total Action Against Poverty

    145 F.3d 653 (4th Cir. 1998)   Cited 1,414 times
    Holding "the employer's knowledge that the plaintiff engaged in a protected activity is absolutely necessary to establish the third element of the prima facie case" of retaliation

  10. Kerr v. Marshall Univ. Bd. of Governors

    824 F.3d 62 (4th Cir. 2016)   Cited 205 times
    Finding district court's dismissal of Equal Protection claim to be proper where there was "no allegation of overt discriminatory animus" and plaintiff only alleged that defendants "had knowledge of [plaintiff's] sexual orientation"

  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 357,946 times   950 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 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 335,380 times   160 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,144 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  14. Section 1981 - Equal rights under the law

    42 U.S.C. § 1981   Cited 38,650 times   262 Legal Analyses
    Granting equal rights to "make and enforce contracts" without regard to race

  15. Section 3-501 - Definitions

    Md. Code, Lab. & Empl. § 3-501   Cited 487 times   2 Legal Analyses
    Defining "wage"

  16. Section 3-401 - Definitions

    Md. Code, Lab. & Empl. § 3-401   Cited 385 times   1 Legal Analyses
    Defining "employer" as including "a person who acts directly or indirectly in the interest of another employer with an employee"

  17. Section 32-1301 - Definitions

    D.C. Code § 32-1301   Cited 143 times   4 Legal Analyses
    Excluding District agencies from definition of employer under the DCWPL

  18. Section 32-1002 - Definitions

    D.C. Code § 32-1002   Cited 23 times   3 Legal Analyses
    Defining "employ," "employer," and "employee" with language akin to FLSA