§Why CasetextPricing

Coclough v. Akal Security, Inc. et al

MOTION to Dismiss Or, In the Alternative, MOTION for Summary Judgment

24 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 215,979 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  2. Baldwin Cty. Welcome Ctr. v. Brown

    466 U.S. 147 (1984)   Cited 2,625 times   3 Legal Analyses
    Holding that a plaintiff "who fails to act diligently cannot invoke equitable principles to excuse that lack of diligence"

  3. Philips v. Pitt Cty. Memorial Hosp

    572 F.3d 176 (4th Cir. 2009)   Cited 3,680 times   1 Legal Analyses
    Holding that courts “may properly take judicial notice of matters of public record”

  4. E.E.O.C. v. St. Francis Xavier Parochial

    117 F.3d 621 (D.C. Cir. 1997)   Cited 1,266 times
    Holding that question of whether defendant was a covered entity under ADA is not jurisdictional, but merits related

  5. Lovelace v. Software Spectrum Inc.

    78 F.3d 1015 (5th Cir. 1996)   Cited 1,108 times
    Holding that courts may take judicial notice of public disclosure documents in securities fraud causes, but "only for the purpose of determining what statements the documents contain, not to prove the truth of the documents’ contents"

  6. Holy Land Foundation v. Ashcroft

    333 F.3d 156 (D.C. Cir. 2003)   Cited 364 times
    Holding that when the failure results in no prejudice to the nonmoving party, "we find error to be harmless."

  7. Smith-Haynie v. District of Columbia

    155 F.3d 575 (D.C. Cir. 1998)   Cited 363 times
    Holding that a person must be "incapable of handling her own affairs or unable to function in society" in order to qualify for equitable tolling due to mental incapacity

  8. Gary v. Long

    59 F.3d 1391 (D.C. Cir. 1995)   Cited 311 times
    Holding that plaintiff had not stated a claim for quid pro quo sexual harassment, where threats of adverse job consequences by supervisor were never carried out

  9. Weyrich v. New Republic, Inc.

    235 F.3d 617 (D.C. Cir. 2001)   Cited 85 times
    Holding that First Amendment protections apply to the tort of false light invasion of privacy

  10. Cruz-Packer v. District of Columbia

    539 F. Supp. 2d 181 (D.D.C. 2008)   Cited 68 times
    Holding that Title VII and the ADEA's requirements that plaintiff satisfy certain administrative prerequisites before filing suit are not jurisdictional

  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 344,767 times   920 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 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,160 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Section 2000e-5 - Enforcement provisions

    42 U.S.C. § 2000e-5   Cited 26,834 times   124 Legal Analyses
    Holding charges must be made in writing, under oath, and contain all information as the Commission requires