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Colson v. Avnet, Inc.

MOTION to Dismiss Case Plaintiff's First Amended Complaint Pursuant to Federal Rule of Civil Procedure 12

71 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 261,602 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 274,949 times   368 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. Los Angeles v. Lyons

    461 U.S. 95 (1983)   Cited 7,686 times   13 Legal Analyses
    Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold

  4. State Farm Mut. Automobile Ins. Co. v. Campbell

    538 U.S. 408 (2003)   Cited 2,723 times   55 Legal Analyses
    Holding that an award of $145 million in punitive damages on a $1 million compensatory verdict violated due process

  5. Landgraf v. USI Film Prods.

    511 U.S. 244 (1994)   Cited 3,849 times   34 Legal Analyses
    Holding that a statute may apply retroactively when "clear congressional intent favor such a result"

  6. McLaughlin v. Richland Shoe Co.

    486 U.S. 128 (1988)   Cited 1,987 times   12 Legal Analyses
    Holding that the "plain language" of the Fair Labor Standards Act's "willful" liquidated damages standard requires that "the employer either knew or showed reckless disregard for the matter of whether its conduct was prohibited by the statute," without regard to the outrageousness of the conduct at issue

  7. Clark v. Martinez

    543 U.S. 371 (2005)   Cited 936 times   4 Legal Analyses
    Holding that § 1231 does not authorize indefinite detention

  8. Doe I v. Wal-Mart Stores, Inc.

    572 F.3d 677 (9th Cir. 2009)   Cited 3,210 times   2 Legal Analyses
    Finding that plaintiffs' general statement that defendant exercised control over their daily employment to be conclusory and affirming dismissal

  9. Vinole v. Countrywide Home Loans

    571 F.3d 935 (9th Cir. 2009)   Cited 637 times   14 Legal Analyses
    Holding that district court abused its discretion in certifying class by relying on uniform exemption policy "to the near exclusion of other factors"

  10. Anderson v. Sara Lee

    508 F.3d 181 (4th Cir. 2007)   Cited 580 times   3 Legal Analyses
    Holding that the FLSA preempts state law claims that "depend on establishing that [the defendant] violated the FLSA"

  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 355,868 times   945 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 161,044 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. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,699 times   329 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,684 times   1244 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  15. Section 216 - Penalties

    29 U.S.C. § 216   Cited 16,699 times   143 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

  16. Section 255 - Statute of limitations

    29 U.S.C. § 255   Cited 4,622 times   8 Legal Analyses
    Recognizing that not all FLSA wage and overtime claims are willful

  17. Section 215 - Prohibited acts; prima facie evidence

    29 U.S.C. § 215   Cited 2,694 times   50 Legal Analyses
    Recognizing as a protected activity an individual's “testif[ying] ... in any such proceeding” “under or related to this chapter”

  18. Section 12-341.01 - Recovery of attorney fees

    Ariz. Rev. Stat. § 12-341.01   Cited 2,648 times   16 Legal Analyses
    Permitting an award of reasonable attorney's fees to the successful party in a contested action arising out of express or implied contract

  19. Section 211 - Collection of data

    29 U.S.C. § 211   Cited 1,334 times   6 Legal Analyses
    Providing that employers must "make, keep, and preserve" records of employees' hours

  20. Section 218 - Relation to other laws

    29 U.S.C. § 218   Cited 456 times   14 Legal Analyses
    Stating that the FLSA's minimum wage requirement does not excuse noncompliance with “any” federal law that mandates a higher wage

  21. Section 541.201 - Directly related to management or general business operations

    29 C.F.R. § 541.201   Cited 488 times   74 Legal Analyses
    Listing examples of the functional areas related to "management or general business operations"

  22. Section 839-020-0030 - Payment of Overtime Wages - Generally

    Or. Admin. R. 839-020-0030   Cited 21 times

    (1) Except as provided in OAR 839-020-0125 to 839-020-0130, all work performed in excess of forty (40) hours per week must be paid for at the rate of not less than one and one-half times the regular rate of pay when computed without benefits of commissions, overrides, spiffs, bonuses, tips or similar benefits pursuant to ORS 653.261(1). Similar benefits include, but are not limited to, discretionary bonuses, gifts, profit sharing, thrift and savings program, trusts, reimbursements for expenses, holiday