§Why CasetextPricing

Ashford et al v. East Coast Express Eviction et al

RESPONSE re Answer to Amended Complaint, /PLAINTIFFS' OPPOSITION TO DEFENDANT IRWIN STATEN'S MOTION TO DISMISS

54 Cited authorities

  1. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,158 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 9,412 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 11,008 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 18,142 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 23,009 times   110 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. Mine Workers v. Pennington

    381 U.S. 657 (1965)   Cited 1,638 times   21 Legal Analyses
    Holding that immunity extends to petitioning conduct “either standing alone or as part of a broader scheme”

  7. Perkins v. Benguet Mining Co.

    342 U.S. 437 (1952)   Cited 1,837 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. U.S. v. Socony-Vacuum Oil Co.

    310 U.S. 150 (1940)   Cited 1,768 times   5 Legal Analyses
    Holding counsel "cannot as a rule remain silent, interpose no objections, and after a verdict has been returned seize for the first time on the point that the comments to the jury were improper and prejudicial"

  9. Goldberg v. Whitaker House Coop

    366 U.S. 28 (1961)   Cited 715 times   6 Legal Analyses
    Holding that the test of employment under the FLSA is the economic reality test

  10. Rutherford Food Corp. v. McComb

    331 U.S. 722 (1947)   Cited 860 times   24 Legal Analyses
    Holding the FLSA contains "no definition that solves problems as to the limits of the employer-employee relationship under the Act"

  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 357,835 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 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 1331 - Federal question

    28 U.S.C. § 1331   Cited 100,025 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 64,200 times   79 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. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 28,849 times   199 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  16. Section 201 - Short title

    29 U.S.C. § 201   Cited 21,367 times   104 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work

  17. Section 206 - Minimum wage

    29 U.S.C. § 206   Cited 9,034 times   101 Legal Analyses
    Asking only whether the alleged inequality resulted from “any other factor other than sex”

  18. 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

  19. Section 255 - Statute of limitations

    29 U.S.C. § 255   Cited 4,647 times   8 Legal Analyses
    Recognizing that not all FLSA wage and overtime claims are willful

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

    15 U.S.C. § 1   Cited 3,210 times   74 Legal Analyses
    Forbidding every "contract, combination . . . or conspiracy, in restraint of trade or commerce among the several States"