§Why CasetextPricing

Briggs et al v. Macy's Inc. et al

BRIEF IN SUPPORT re MOTION to Dismiss Plaintiffs' Complaint or, in the Alternative, Dismiss or Strike Portions of the Complaint

47 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,028 times   280 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,776 times   367 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Harris v. Forklift Sys., Inc.

    510 U.S. 17 (1993)   Cited 12,383 times   23 Legal Analyses
    Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"

  4. Clark Cty. Sch. Dist. v. Breeden

    532 U.S. 268 (2001)   Cited 5,392 times   12 Legal Analyses
    Holding that the temporal proximity requirement to establish a prima facie case "between an employer's knowledge of protected activity and an adverse employment action as sufficient evidence" must be "very close"

  5. Oncale v. Sundowner Offshore Servs., Inc.

    523 U.S. 75 (1998)   Cited 5,168 times   50 Legal Analyses
    Holding that "[w]hatever evidentiary route the plaintiff chooses to follow, he or she must always prove that the conduct at issue was not merely tinged with offensive . . . connotations"

  6. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 16,932 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  7. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,158 times   4 Legal Analyses
    Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"

  8. Malleus v. George

    641 F.3d 560 (3d Cir. 2011)   Cited 2,638 times   1 Legal Analyses
    Holding inquiry is normally broken into three parts: identifying the elements of a claim, reviewing the complaint to strike conclusory allegations, and then looking at the well-pleaded components of the complaint and evaluating whether all of the elements identified in part one of the inquiry are sufficiently alleged.

  9. Andrews v. City of Philadelphia

    895 F.2d 1469 (3d Cir. 1990)   Cited 2,706 times   1 Legal Analyses
    Holding that "harassment is pervasive when 'incidents of harassment occur either in concert or with regularity'"

  10. Sarullo v. U.S. Postal Service

    352 F.3d 789 (3d Cir. 2003)   Cited 1,195 times
    Holding that plaintiff failed to make a prima facie showing of discrimination when employee "provided no evidence to rebut [employer's] declaration that he was unaware of [the protected activity] when he made his decision," to terminate employee

  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 348,310 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,961 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."

  13. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 62,270 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"

  14. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 51,663 times   129 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  15. Section 2000e-2 - Unlawful employment practices

    42 U.S.C. § 2000e-2   Cited 28,433 times   171 Legal Analyses
    Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”

  16. Section 2000e-5 - Enforcement provisions

    42 U.S.C. § 2000e-5   Cited 26,970 times   124 Legal Analyses
    Holding charges must be made in writing, under oath, and contain all information as the Commission requires

  17. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,360 times   171 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  18. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,636 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  19. Section 1985 - Conspiracy to interfere with civil rights

    42 U.S.C. § 1985   Cited 19,918 times   10 Legal Analyses
    Concerning conspiracies to obstruct justice or intimidate a party, witness, or juror

  20. Section 1343 - Civil rights and elective franchise

    28 U.S.C. § 1343   Cited 13,852 times   1 Legal Analyses
    Granting district courts jurisdiction over "any civil action authorized by law"