§Why CasetextPricing

Cook et al v. Amedisys, Inc.

MEMORANDUM OF DECISION ON DEFENDANT'S denying 32 Motion to Dismiss; denying 30 Motion to Transfer to Another District. Signed

17 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. Hishon v. King Spalding

    467 U.S. 69 (1984)   Cited 12,571 times   7 Legal Analyses
    Holding that the right of expression does not permit selecting law firm partners in violation of Title VII

  4. Piper Aircraft Co. v. Reyno

    454 U.S. 235 (1981)   Cited 4,845 times   13 Legal Analyses
    Holding that potential change in law cannot, by itself, fend off dismissal under forum non conveniens absent showing that new law is "clearly inadequate or unsatisfactory"

  5. Van Dusen v. Barrack

    376 U.S. 612 (1964)   Cited 4,724 times   7 Legal Analyses
    Holding that a "change of venue under § 1404 generally should be, with respect to state law, but a change of courtrooms"

  6. Lundy v. Catholic Health Sys. of Long Island Inc.

    711 F.3d 106 (2d Cir. 2013)   Cited 1,031 times   10 Legal Analyses
    Holding that an agency relationship requires pleading of facts showing that agent "had apparent or actual authority to bind" principal, and mere conclusory statements of agency status are insufficient to state a claim

  7. Ryder Energy Dist. v. Merrill Lynch Commod

    748 F.2d 774 (2d Cir. 1984)   Cited 1,084 times   2 Legal Analyses
    Referring to motion to dismiss

  8. Costello v. Home Depot U.S.A., Inc.

    888 F. Supp. 2d 258 (D. Conn. 2012)   Cited 80 times
    Finding that evidence concerning claims of thirty-nine plaintiffs "could easily confuse a jury even with the clearest of jury instructions"

  9. Mak Marketing, Inc. v. Kalapos

    620 F. Supp. 2d 295 (D. Conn. 2009)   Cited 33 times
    Holding that copyright infringement claim was governed by forum selection clause which covered disputes “in connection with” the license agreement

  10. A Slice of Pie Productions, LLC v. Wayans Bros. Entertainment

    392 F. Supp. 2d 297 (D. Conn. 2005)   Cited 32 times
    Enumerating factors to consider on transfer motion as "convenience of the parties and witnesses, availability of process to compel unwilling witnesses to testify, location of the relevant documents, locus of the operative facts, relative means of the parties, the forum's familiarity with governing law, plaintiff's choice of forum, and the interests of justice"

  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 1404 - Change of venue

    28 U.S.C. § 1404   Cited 29,370 times   192 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

  14. Section 207 - Maximum hours

    29 U.S.C. § 207   Cited 10,842 times   231 Legal Analyses
    Establishing overtime rules

  15. 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”