§Why CasetextPricing

Ashford et al v. East Coast Express Eviction et al

Memorandum in opposition to re Second MOTION to Dismiss

67 Cited authorities

  1. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,782 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  2. Helicopteros Nacionales de Colom. v. Hall

    466 U.S. 408 (1984)   Cited 9,331 times   26 Legal Analyses
    Holding that “purchases, even if occurring at regular intervals” were insufficient to establish general personal jurisdiction over a nonresident corporation

  3. World-Wide Volkswagen Corp. v. Woodson

    444 U.S. 286 (1980)   Cited 10,906 times   32 Legal Analyses
    Holding that an Oklahoma court could not exercise personal jurisdiction over a car retailer when the retailer's only connection to Oklahoma was the fact that a car sold in New York became involved in an accident in Oklahoma

  4. Mine Workers v. Gibbs

    383 U.S. 715 (1966)   Cited 17,927 times   2 Legal Analyses
    Holding that supplemental jurisdiction is a "doctrine of discretion"

  5. Int'l Shoe Co. v. Washington

    326 U.S. 310 (1945)   Cited 22,784 times   109 Legal Analyses
    Holding that states may exercise personal jurisdiction over out-of-state defendants with "certain minimum contacts with [the forum] such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice’ " (quoting Milliken v. Meyer , 311 U.S. 457, 463, 61 S.Ct. 339, 85 L.Ed. 278 (1940) )

  6. Omni Capital Int'l v. Rudolf Wolff Co.

    484 U.S. 97 (1987)   Cited 1,909 times   1 Legal Analyses
    Holding that due process concerns related to personal jurisdiction are alleviated where the defendant has consented to service

  7. Perkins v. Benguet Mining Co.

    342 U.S. 437 (1952)   Cited 1,826 times   4 Legal Analyses
    Holding Ohio courts could exercise general jurisdiction over a foreign corporation due to the extent and nature of the temporary operations in the state, finding such business activity was continuous and systematic

  8. Blue Shield of Virginia v. McCready

    457 U.S. 465 (1982)   Cited 608 times   10 Legal Analyses
    Holding that plaintiff had suffered antitrust injury because although she was not a competitor or customer of defendants, her injury was "inextricably intertwined" with the injury defendants sought to inflict on their target market

  9. Brooklyn Bank v. O'Neil

    324 U.S. 697 (1945)   Cited 1,715 times   28 Legal Analyses
    Holding right to liquidated damages under Fair Labor Standards Act nonwaivable

  10. Goldberg v. Whitaker House Coop

    366 U.S. 28 (1961)   Cited 703 times   6 Legal Analyses
    Holding that the test of employment under the FLSA is the economic reality test

  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 351,086 times   937 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 158,801 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 98,503 times   136 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  14. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 62,785 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  15. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,330 times   1237 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  16. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 28,265 times   198 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  17. Section 201 - Short title

    29 U.S.C. § 201   Cited 21,092 times   104 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work

  18. Rule 7 - Pleadings Allowed; Form of Motions and Other Papers

    Fed. R. Civ. P. 7   Cited 7,674 times   2 Legal Analyses
    Defining "pleadings" for purposes of the Federal Rules of Civil Procedure

  19. Rule 18 - Joinder of Claims

    Fed. R. Civ. P. 18   Cited 5,539 times   4 Legal Analyses
    Providing that a party may join multiple "claims" against a single defendant

  20. Section 1 - Trusts, etc., in restraint of trade illegal; penalty

    15 U.S.C. § 1   Cited 3,073 times   70 Legal Analyses
    Forbidding every "contract, combination . . . or conspiracy, in restraint of trade or commerce among the several States"