§Why CasetextPricing

Arnold et al v. DirecTV, Inc. et al

MEMORANDUM in Support of Motion re MOTION to Dismiss Case

18 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. Grayson v. K Mart Corp.

    79 F.3d 1086 (11th Cir. 1996)   Cited 791 times   1 Legal Analyses
    Holding that an individual who did not file an EEOC charge may opt into an ADEA class action by "piggybacking" onto a timely charge filed by one of the named plaintiffs, provided that the claims of the named plaintiff and the piggybacking plaintiff arise out of similar discriminatory treatment in the same time frame

  4. Zhong v. August August Corp.

    498 F. Supp. 2d 625 (S.D.N.Y. 2007)   Cited 120 times
    Holding that where plaintiff indicated the number of hours worked per week, the wage plaintiff was earning, and the total number of weeks plaintiff worked sufficiently alleged damages in an FLSA claim

  5. Fast v. Applebee's Int'l, Inc.

    243 F.R.D. 360 (W.D. Mo. 2007)   Cited 58 times
    Finding that Applebee's arguments as to validity of plaintiffs' claims, even if ultimately meritorious, did not preclude conditional certification

  6. Jones v. Casey's General Stores

    538 F. Supp. 2d 1094 (S.D. Iowa 2008)   Cited 45 times
    Holding that a complaint alleging that the plaintiffs "regularly worked regular time and overtime each week but were not paid regular and overtime wages" was "implausible on its face"

  7. Morgan v. United Parcel Serv. of Am., Inc.

    169 F.R.D. 349 (E.D. Mo. 1996)   Cited 65 times
    Concluding that because defendant's decentralized system was supported by uniform policies, the individualized nature of the promotions decisions supported, rather than prevented a finding of commonality

  8. In re Prempro

    230 F.R.D. 555 (E.D. Ark. 2005)   Cited 39 times   1 Legal Analyses
    Denying class action certification to multidistrict litigation plaintiffs from around the country who alleged that Wyeth committed fraud because each plaintiff had individual issues of law and fact

  9. Loyd v. Ace Logistics, LLC

    Case No. 08-CV-00188-W-HFS (W.D. Mo. Dec. 12, 2008)   Cited 12 times
    Following Vidinliev to hold that "Congress did not consider section 305 as an amendment to SAFETEA-LU"

  10. Bailey v. Border Foods, Inc.

    Civ. No. 09-1230 (RHK/AJB) (D. Minn. Oct. 6, 2009)   Cited 11 times
    Granting motion to dismiss where plaintiff "failed to identify their hourly pay rates, the amount of their per-delivery reimbursements, the amounts generally expended in delivering pizzas, or any fact that would permit the Court to infer that [plaintiffs] actually received less than minimum wage"

  11. 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. . . ."

  12. Section 216 - Penalties

    29 U.S.C. § 216   Cited 16,781 times   143 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

  13. Section 203 - Definitions

    29 U.S.C. § 203   Cited 6,971 times   280 Legal Analyses
    Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable

  14. Section 290.500 - Definitions

    Mo. Rev. Stat. § 290.500   Cited 132 times   1 Legal Analyses

    As used in sections 290.500 to 290.530, the following words and phrases mean: (1)"Agriculture", farming and all its branches including, but not limited to, the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural commodities, the raising of livestock, fish and other marine life, bees, fur-bearing animals or poultry and any practices performed by a farmer or on a farm as an incident to or in conjunction with farming operations, including

  15. Section 3 - Commissioner; appointment and tenure of office; compensation

    29 U.S.C. § 3   Cited 44 times

    The Bureau of Labor Statistics shall be under the charge of a Commissioner of Labor Statistics, who shall be appointed by the President, by and with the advice and consent of the Senate; he shall hold his office for four years, unless sooner removed, and shall receive a salary. 29 U.S.C. § 3 June 27, 1884, ch. 127, 23 Stat. 60; June 13, 1888, ch. 389, §2, 25 Stat. 182; Mar. 18, 1904, ch. 716, 33 Stat. 136; Mar. 4, 1913, ch. 141, §3, 37 Stat. 737. EDITORIAL NOTES CODIFICATIONAct June 13, 1888, raised

  16. Section 778.111 - Pieceworker

    29 C.F.R. § 778.111   Cited 56 times   5 Legal Analyses
    Recognizing piece-rate pay