17 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 264,376 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 277,581 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. Marshall Cty. Bd. of Educ. v. Marshall Cty

    992 F.2d 1171 (11th Cir. 1993)   Cited 1,022 times
    Finding that under Rule 12(b), dismissal of a complaint is appropriate "when, on the basis of a dispositive issue of law, no construction of the factual allegations will support the cause of action."
  4. Raney v. Allstate Ins. Co.

    370 F.3d 1086 (11th Cir. 2004)   Cited 614 times
    Holding that the filing of a lawsuit did not state a claim for extortion as a predicate act under RICO
  5. Brooks v. Rothe

    577 F.3d 701 (6th Cir. 2009)   Cited 293 times
    Holding that exigent circumstances existed where officer had an objectively reasonable belief that residents “were at a high risk for further drug-related injuries” due to complainant's efforts “to keep [the officer] out” and her “apparent concealment of information regarding [an] overdose”
  6. Cardwell v. Auburn Univ. Montgomery

    941 F. Supp. 2d 1322 (M.D. Ala. 2013)   Cited 11 times
    Holding that Auburn University Montgomery is an arm of the state and enjoys sovereign immunity under the Eleventh Amendment
  7. Barnes v. City of Dothan

    842 F. Supp. 2d 1332 (M.D. Ala. 2012)   Cited 8 times
    Granting motion to dismiss § 1983 claim based on allegedly false affidavit filed by arresting officer because plaintiff failed to have conviction reversed or otherwise vacated
  8. Coleman v. Ala. State Univ.

    904 F. Supp. 2d 1245 (M.D. Ala. 2012)   Cited 5 times
    Holding that plaintiff did not establish pretext for failure to follow the progressive discipline policy where there was testimony that the policy was not followed in every case
  9. Jarrett v. Alexander

    235 F. Supp. 2d 1208 (M.D. Ala. 2002)   Cited 9 times
    Explaining that to survive a motion to dismiss on an equal protection sex discrimination claim against a defendant in his individual capacity, "the Plaintiff still must show that [she was] treated differently from others similarly situated."
  10. 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 358,800 times   954 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,588 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 1331 - Federal question

    28 U.S.C. § 1331   Cited 100,267 times   139 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."
  13. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 64,402 times   81 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"
  14. Section 201 - Short title

    29 U.S.C. § 201   Cited 21,394 times   104 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work
  15. Section 207 - Maximum hours

    29 U.S.C. § 207   Cited 10,763 times   231 Legal Analyses
    Establishing overtime rules
  16. Section 2101 - Definitions; exclusions from definition of loss of employment

    29 U.S.C. § 2101   Cited 830 times   39 Legal Analyses
    Defining "mass layoff" as "a reduction in force" that is not the result of a plant closing and "(B) results in an employment loss"
  17. Section 778.601 - Special overtime provisions available for hospital and residential care establishments under section 7(j)

    29 C.F.R. § 778.601   Cited 5 times   1 Legal Analyses

    (a)The statutory provision. Section 7(j) of the Act provides, for hospital and residential care establishment employment, under prescribed conditions, an exemption from the general requirement of section 7(a) that overtime compensation be computed on a workweek basis. It permits a 14-day period to be established for the purpose of computing overtime compensation by an agreement or understanding between an employer engaged in the operation of a hospital or residential care establishment, and any of