§Why CasetextPricing

Banks et al v. Directv, Inc. et al

MEMORANDUM in Support re MOTION to Dismiss First Amended Complaint

19 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,813 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 280,791 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. Hopkins v. Cornerstone Am.

    545 F.3d 338 (5th Cir. 2008)   Cited 205 times   5 Legal Analyses
    Holding that a plaintiff who had pled independent-contractor status in another suit was not estopped from suing his employer as an employee

  4. Watson v. Graves

    909 F.2d 1549 (5th Cir. 1990)   Cited 233 times
    Holding the FLSA applicable where the prisoners worked for an outside construction company in competition with other private employers and where this competition tended to undermine compliance with the FLSA

  5. Orozco v. Plackis

    757 F.3d 445 (5th Cir. 2014)   Cited 82 times   3 Legal Analyses
    Holding that each element of the economic reality test need not be present

  6. Jacobson v. Comcast Corporation

    740 F. Supp. 2d 683 (D. Md. 2010)   Cited 62 times
    Holding that Comcast only exercised power over the hiring and firing of technicians in the context of quality control and such control did not weigh in favor of a joint-employer relationship

  7. Herman v. Mid-Atlantic Installation Services, Inc.

    164 F. Supp. 2d 667 (D. Md. 2000)   Cited 66 times
    Holding that the cable company's ability to deduct from payments to the install company did not show control over technicians where there was no evidence that the install company "generally docked pay as a result of [the technician's] mistakes"

  8. Jean–Louis v. Metro. Cable Commc'ns, Inc.

    838 F. Supp. 2d 111 (S.D.N.Y. 2011)   Cited 44 times
    Finding that Time Warner did not control work schedules where it was "undisputed that Metro tells its technicians when to report in the morning; that technicians contact Metro if they are running late or will be absent; and that no Plaintiff ever contacted Time Warner about those issues"

  9. Albanil v. Coast 2 Coast, Inc.

    444 F. App'x 788 (5th Cir. 2011)   Cited 33 times   1 Legal Analyses
    Discussing representational testimony in FLSA cases and collecting authorities

  10. Zampos v. W&E Commc'ns, Inc.

    970 F. Supp. 2d 794 (N.D. Ill. 2013)   Cited 24 times
    Finding that the putative joint employer did not exercise the control of employees despite "making recommendations to de-badge" direct employer's technicians

  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 362,607 times   962 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 164,455 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 206 - Minimum wage

    29 U.S.C. § 206   Cited 9,107 times   101 Legal Analyses
    Asking only whether the alleged inequality resulted from “any other factor other than sex”

  14. Section 1407 - Multidistrict litigation

    28 U.S.C. § 1407   Cited 7,161 times   107 Legal Analyses
    Authorizing consolidation of pretrial proceedings for related cases filed in multiple federal districts

  15. Section 203 - Definitions

    29 U.S.C. § 203   Cited 7,036 times   281 Legal Analyses
    Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable

  16. Section 2-30.001 - Written Statement Explaining Consumer Rights Under Chapter 681, Florida Statutes; Hearings Before Florida New Motor Vehicle Arbitration Board

    Fla. Admin. Code R. 2-30.001   Cited 58 times

    (1) The following documents are incorporated into these rules by reference and can each be obtained by visiting the applicable web address shown below, where available, or by contacting the address shown in subsection (4): (a) The form entitled "Manufacturer's Answer, " DLA/LL-006 (rev. 2/06), effective 2-1-06. (b) The forms entitled "Consumer's Prehearing Information Sheet DLA/LL-007, (rev. 02/2023), effective 2-1-2023, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14995 and Manufacturer's