9 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 195,191 times   262 Legal Analyses
    Holding that the sufficiency of the allegations is a legal question so appellate courts have jurisdiction to consider it on appeal from denial of qualified immunity
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 209,562 times   342 Legal Analyses
    Holding that conclusory allegations that the defendants acted unlawfully were insufficient to state a claim
  3. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 53,887 times   28 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"
  4. McKenzie v. Davenport-Harris Funeral Home

    834 F.2d 930 (11th Cir. 1987)   Cited 345 times   2 Legal Analyses
    Holding that a voluntary stipulation of dismissal "must be considered without prejudice because it was not expressly provided for in the document"
  5. Lyes v. City of Riviera Beach

    166 F.3d 1332 (11th Cir. 1999)   Cited 191 times
    Holding that "federalism and comity concerns . . . should play a significant role in determining whether to treat as one body two governmental entities that are separate and distinct under state law," and that "substantial deference" should be accorded to "a state lawmaking body's determination of whether two or more governmental entities are separate and distinct" for Title VII purposes
  6. Fike v. Gold Kist, Inc.

    514 F. Supp. 722 (N.D. Ala. 1981)   Cited 57 times
    Holding that Title VII requires an "agency relationship which establishes an employment nexus"
  7. Williams v. City of Montgomery

    742 F.2d 586 (11th Cir. 1984)   Cited 45 times
    Observing that "[w]here the employer has delegated control of some of the employer's traditional rights, such as hiring or firing, to a third party, the third party has been found to be an `employer' by virtue of the agency relationship"
  8. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 70,582 times   88 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  9. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 49,849 times   100 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time