27 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 251,785 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 265,756 times 364 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Chaparro v. Carnival Corp.
693 F.3d 1333 (11th Cir. 2012) Cited 1,162 times 2 Legal Analyses
Holding the same when the plaintiffs were "trapped in bus during shooting near [the beach]" where their daughter was shot to death
Davis v. Coca-Cola Bottling
516 F.3d 955 (11th Cir. 2008) Cited 943 times 2 Legal Analyses
Holding that hiring decisions were "discrete acts of discrimination" that could not go forward under the continuing-violation doctrine
Strat. Income Fund v. Spear, Leeds Kellogg
305 F.3d 1293 (11th Cir. 2002) Cited 694 times 1 Legal Analyses
Deciding that the third amended complaint, which contained 127 paragraphs, all incorporated by reference into nine separate counts created an "onerous task" for the trial court to sift through
Pearson v. Component Tech. Corp.
247 F.3d 471 (3d Cir. 2001) Cited 628 times 3 Legal Analyses
Holding that no person held a director or officer position both with CompTech and with GECC
Virgo v. Riviera Beach Associates, Ltd.
30 F.3d 1350 (11th Cir. 1994) Cited 337 times
Holding that two companies were joint employers and therefore liable to the employee, but using agency principles to determine the extent of one employer's liability for the other employer's actions
Lusk v. Foxmeyer Health Corp.
129 F.3d 773 (5th Cir. 1997) Cited 186 times
Holding that a parent and subsidiary were not a single enterprise because the court concluded, inter alia, that the two companies did not share the same human resources department
Thomas v. BSE Industrial Contractors, Inc.
624 So. 2d 1041 (Ala. 1993) Cited 155 times
Holding that a worker's fear that he would contract cancer because of his exposure to asbestos was insufficient to state a claim for outrage
Potts v. Hayes
771 So. 2d 462 (Ala. 2000) Cited 126 times
Holding as insufficient for outrage claim plaintiff-nurse's allegations that supervisor sent letter to Alabama Board of Nursing documenting concerns about her regularly seeking narcotics for migraines, receiving narcotics without a doctor's order, and checking out narcotics as a part of her job without proper documentation, thereby publicly accusing her of “being a drug addict, a thief, a danger to the public and of failing to perform her duties”
Section 2000e-5 - Enforcement provisions
42 U.S.C. § 2000e-5 Cited 26,837 times 124 Legal Analyses
Holding charges must be made in writing, under oath, and contain all information as the Commission requires
Section 6-2-38 - Commencement of actions - Two years
Ala. Code § 6-2-38 Cited 844 times 4 Legal Analyses
Setting two-year statute of limitations for personal injury claims, non-contract claims, and other actions "for any injury to the person or rights of another not arising from contact and not specifically enumerated in this section"
Section 25-5-11.1 - Employee not to be terminated solely for action to recover benefits nor for filing notice of safety rule violation
Ala. Code § 25-5-11.1 Cited 234 times 2 Legal Analyses
Providing "[n]o employee shall be terminated by an employer solely because the employee has instituted or maintained any action against the employer to recover workers' compensation benefits under this chapter . . .."

Andrews et al v. Daeil USA Copr. et al

27 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding the same when the plaintiffs were "trapped in bus during shooting near [the beach]" where their daughter was shot to death

Holding that hiring decisions were "discrete acts of discrimination" that could not go forward under the continuing-violation doctrine

Deciding that the third amended complaint, which contained 127 paragraphs, all incorporated by reference into nine separate counts created an "onerous task" for the trial court to sift through

Holding that no person held a director or officer position both with CompTech and with GECC

Holding that two companies were joint employers and therefore liable to the employee, but using agency principles to determine the extent of one employer's liability for the other employer's actions

Holding that a parent and subsidiary were not a single enterprise because the court concluded, inter alia, that the two companies did not share the same human resources department

Holding that a worker's fear that he would contract cancer because of his exposure to asbestos was insufficient to state a claim for outrage

Holding charges must be made in writing, under oath, and contain all information as the Commission requires

Setting two-year statute of limitations for personal injury claims, non-contract claims, and other actions "for any injury to the person or rights of another not arising from contact and not specifically enumerated in this section"

Providing "[n]o employee shall be terminated by an employer solely because the employee has instituted or maintained any action against the employer to recover workers' compensation benefits under this chapter . . .."