§Why CasetextPricing

Cabahug et al v. Tucker, et al

MOTION to Dismiss for Failure to State a Claim

29 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. Carnegie-Mellon Univ. v. Cohill

    484 U.S. 343 (1988)   Cited 12,188 times   1 Legal Analyses
    Holding district courts have discretion whether to dismiss state law claims after all the federal claims are dismissed and explaining the factors courts should consider when doing so

  4. Spivey v. Robertson

    197 F.3d 772 (5th Cir. 1999)   Cited 1,616 times   1 Legal Analyses
    Holding prosecutors were absolutely immune from liability under §1983 for advising police regarding probable cause to obtain arrest warrant where prosecutors merely evaluated evidence brought to them and did not attest to the truth of that information

  5. Morgan v. Family Dollar

    551 F.3d 1233 (11th Cir. 2008)   Cited 945 times   8 Legal Analyses
    Holding that sufficient evidence supported jury's determination that Family Dollar Store Managers were nonexempt employees

  6. Guidry v. Bank of LaPlace

    954 F.2d 278 (5th Cir. 1992)   Cited 979 times
    Holding that conclusory allegations and unwarranted deductions of fact are not admitted as true

  7. Campbell v. City of San Antonio

    43 F.3d 973 (5th Cir. 1995)   Cited 772 times
    Holding "that the negligent act of a state official which results in unintended harm to life, liberty, or property, does not implicate the Due Process Clause"

  8. Parker Parsley Petroleum v. Dresser Indus

    972 F.2d 580 (5th Cir. 1992)   Cited 553 times   1 Legal Analyses
    Holding that the district court properly dismissed state law claims nine months into the litigation and before the completion of discovery with weeks until trial

  9. Elliott v. Foufas

    867 F.2d 877 (5th Cir. 1989)   Cited 419 times
    Holding that "[t]o avoid dismissal for failure to state a claim, a plaintiff must plead specific facts . . . which establish the existence of an enterprise"

  10. Johnson v. Heckmann Water Resources (CVR), Inc.

    758 F.3d 627 (5th Cir. 2014)   Cited 179 times   5 Legal Analyses
    Listing this as one of four elements of the prima facie case for an overtime claim

  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 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 65,142 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 21,542 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 10,842 times   231 Legal Analyses
    Establishing overtime rules

  16. 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”

  17. 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

  18. Section 23:631 - Discharge or resignation of employees; payment after termination of employment

    La. Stat. tit. 23 § 631   Cited 599 times   3 Legal Analyses

    A. (1) (a) Upon the discharge of any laborer or other employee of any kind whatever, it shall be the duty of the person employing such laborer or other employee to pay the amount then due under the terms of employment, whether the employment is by the hour, day, week, or month, on or before the next regular payday or no later than fifteen days following the date of discharge, whichever occurs first. (b) Upon the resignation of any laborer or other employee of any kind whatever, it shall be the duty