§Why CasetextPricing

Carbonell v. Glaser

MOTION to Dismiss 1 Complaint , MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM

20 Cited authorities

  1. Grayson v. K Mart Corp.

    79 F.3d 1086 (11th Cir. 1996)   Cited 781 times   1 Legal Analyses
    Holding that an individual who did not file an EEOC charge may opt into an ADEA class action by "piggybacking" onto a timely charge filed by one of the named plaintiffs, provided that the claims of the named plaintiff and the piggybacking plaintiff arise out of similar discriminatory treatment in the same time frame

  2. Walton v. Eaton Corp.

    563 F.2d 66 (3d Cir. 1977)   Cited 528 times   1 Legal Analyses
    Holding a plaintiff has "no right to maintain two separate actions involving the same subject matter at the same time in the same court and against the same defendant"

  3. Prickett v. Dekalb County

    349 F.3d 1294 (11th Cir. 2003)   Cited 147 times
    Holding that opt-in plaintiffs to an existing collective action join the entirety of the action, not just specific claims

  4. Bonilla v. Las Vegas Cigar Co.

    61 F. Supp. 2d 1129 (D. Nev. 1999)   Cited 87 times
    Finding in collective action that there is no risk "that unnamed parties will be bound by a judgment in which they had no participation because only those plaintiffs which opt into the suit are bound by its result."

  5. Friends of the Earth v. Crown Cent. Petroleum

    95 F.3d 358 (5th Cir. 1996)   Cited 74 times
    Finding that plaintiffs eighteen miles downstream lacked evidence of discharges’ range of impact such as water samples or expert testimony

  6. The Haytian Republic

    154 U.S. 118 (1894)   Cited 241 times
    Explaining that a party is "not at liberty to split up his demand, and prosecute it by piecemeal, or present only a portion of the grounds upon which special relief is sought, and leave the rest to be presented in a second suit, if the first fail. There would be no end to litigation if such a practice were permissible."

  7. Almeira v. GB House, LLC

    Case No.: 8:14-cv-00045-T-27AEP (M.D. Fla. Apr. 7, 2014)   Cited 2 times

    Case No.: 8:14-cv-00045-T-27AEP 04-07-2014 LILIANA ALMEIRA et al., Plaintiffs, v. GB HOUSE, LLC et al., Defendants. JAMES D. WHITTEMORE ORDER BEFORE THE COURT is Plaintiffs' Motion for Entry of Final Judgment, and for Attorneys' Fees and Costs Against Southeast Auto Rental and Leasing Corp. (Dkt. 25). Upon consideration, the motion (Dkt. 25) is DENIED without prejudice. The Clerk previously entered a default against Southeast Auto Rental and Leasing (Dkt. 24). Upon entry of a default, the defendant

  8. 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 347,250 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  9. Section 216 - Penalties

    29 U.S.C. § 216   Cited 16,428 times   141 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

  10. Section 7701 - Definitions

    26 U.S.C. § 7701   Cited 1,064 times   85 Legal Analyses
    Defining a "taxpayer" as "any person subject to any internal revenue tax," where a related provision defines "person" to include corporations

  11. Section 256 - Determination of commencement of future actions

    29 U.S.C. § 256   Cited 914 times   2 Legal Analyses
    Providing that an opt-in plaintiff's action commences, for purposes of the limitations period, when he files his written consent to join

  12. Section 902 - Commissioner; Deputy Commissioner; other officers

    42 U.S.C. § 902   Cited 686 times   1 Legal Analyses
    Granting the Commissioner the authority to "carry out the functions of the Administration" by rulemaking

  13. Section 7434 - Civil damages for fraudulent filing of information returns

    26 U.S.C. § 7434   Cited 258 times   6 Legal Analyses
    In § 7434, Congress reinforced "willfully" with "fraudulent," which "is a paradigmatic example of a statutory term that incorporates the common-law meaning of fraud."

  14. Section 7801 - Authority of Department of the Treasury

    26 U.S.C. § 7801   Cited 113 times
    Explaining that, for the provisions of the National Firearms Act, "the term ‘Secretary’ or ‘Secretary of the Treasury’ shall ... mean the Attorney General"

  15. Section 6724 - Waiver; definitions and special rules

    26 U.S.C. § 6724   Cited 74 times   2 Legal Analyses
    Defining "information return" to mean "any return required by . . . section 6050H", i.e. a return provided to the IRS

  16. Section 901 - Social Security Administration

    42 U.S.C. § 901   Cited 63 times
    Establishing the SSA as an independent agency within the executive branch

  17. Section 6051 - Receipts for employees

    26 U.S.C. § 6051   Cited 51 times   1 Legal Analyses
    Requiring employers to send Form W-2 to each employee outlining "the remuneration paid by [the employer] to such employee during the calendar year"

  18. Section 31.6051-1 - Statements for employees

    26 C.F.R. § 31.6051-1   Cited 7 times
    Noting that W-2s must include the social security number of the employee

  19. Section 31.6051-2 - Information returns on Form W-3 and Social Security Administration copies of Forms W-2

    26 C.F.R. § 31.6051-2   Cited 3 times

    (a)In general. Every employer who is required to make a return of tax under § 31.6011(a)-1 (relating to returns under the Federal Insurance Contributions Act), § 31.6011(a)-4 (relating to returns of income tax withheld from wages), or § 31.6011(a)-5 (relating to monthly returns) for a calendar year or any period therein, shall file the Social Security Administration copy of each Form W-2 required under § 31.6051-1 to be furnished by the employer with respect to wages paid during the calendar year