49 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,313 times   365 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' "
  2. Los Angeles v. Lyons

    461 U.S. 95 (1983)   Cited 7,499 times   13 Legal Analyses
    Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold
  3. McLaughlin v. Richland Shoe Co.

    486 U.S. 128 (1988)   Cited 1,948 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
  4. Clark v. Martinez

    543 U.S. 371 (2005)   Cited 921 times   4 Legal Analyses
    Holding that § 1231 does not authorize indefinite detention
  5. Manzarek v. Marine

    519 F.3d 1025 (9th Cir. 2008)   Cited 2,712 times   1 Legal Analyses
    Holding that in evaluating a complaint on a motion to dismiss, the court “accept factual allegations in the complaint as true and construe the pleadings in the light most favorable to the nonmoving party”
  6. Schneidewind v. ANR Pipeline Co.

    485 U.S. 293 (1988)   Cited 390 times   3 Legal Analyses
    Holding that the federal Natural Gas Act preempts Michigan's state law regulating the issuance of long-term securities because Michigan's regulation "impinges on a field that the federal regulatory scheme has occupied"
  7. Vinole v. Countrywide Home Loans

    571 F.3d 935 (9th Cir. 2009)   Cited 622 times   13 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"
  8. Anderson v. Sara Lee

    508 F.3d 181 (4th Cir. 2007)   Cited 568 times   3 Legal Analyses
    Holding that the FLSA preempts state law claims that "depend on establishing that [the defendant] violated the FLSA"
  9. LaChapelle v. Berkshire Life Ins. Co.

    142 F.3d 507 (1st Cir. 1998)   Cited 436 times
    Holding that dismissal is appropriate if the plaintiffs allegations "leave no doubt" that the statute of limitations would bar the claim
  10. In re Wells Fargo Home Mortg

    571 F.3d 953 (9th Cir. 2009)   Cited 267 times   9 Legal Analyses
    Holding that class certification may be denied when "a fact-intensive inquiry into each potential plaintiff's employment situation" is required
  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 345,529 times   922 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 218 - Relation to other laws

    29 U.S.C. § 218   Cited 442 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
  13. Section 12-541 - Malicious prosecution; false imprisonment; libel or slander; seduction or breach of promise of marriage; breach of employment contract; wrongful termination; liability created by statute; one year limitation

    Ariz. Rev. Stat. § 12-541   Cited 299 times
    Providing that an action "[u]pon a liability created by statute, other than a penalty or forfeiture," must be brought within one year
  14. Section 23-350 - Definitions

    Ariz. Rev. Stat. § 23-350   Cited 142 times   1 Legal Analyses
    Defining "employer" as "any individual, partnership, association, joint stock company, trust, [or] corporation . . . employing any person"
  15. Section 541.200 - General rule for administrative employees

    29 C.F.R. § 541.200   Cited 892 times   92 Legal Analyses
    Providing that the administrative exemption can also apply if the employee’s primary duty is directly related to the management or general business operations of the employer’s customers
  16. Section 541.700 - Primary duty

    29 C.F.R. § 541.700   Cited 781 times   60 Legal Analyses
    Providing that determining an employee's "primary duty" requires analysis of "all the facts in a particular case," looking to the "principal, main, major or most important duty that the employee performs"
  17. Section 541.201 - Directly related to management or general business operations

    29 C.F.R. § 541.201   Cited 479 times   74 Legal Analyses
    Listing examples of the functional areas related to "management or general business operations"
  18. Section 541.202 - Discretion and independent judgment

    29 C.F.R. § 541.202   Cited 453 times   57 Legal Analyses
    Regarding review by supervisors
  19. Section 541.203 - Administrative exemption examples

    29 C.F.R. § 541.203   Cited 196 times   41 Legal Analyses
    Describing “[a]n employee who leads a team of other employees assigned to complete major projects for the employer” and “[a]n executive assistant or administrative assistant”