§Why CasetextPricing

Cook et al v. Flight Services And Systems, Inc.

MOTION to Dismiss for Failure to State a Claim

33 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,170 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 279,246 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. Christopher v. Harbury

    536 U.S. 403 (2002)   Cited 5,247 times
    Holding Verdugo-Urquidez and Eisentrager foreclosed due process claim for actions taken against alien abroad

  4. Lormand v. US Unwired, Inc.

    565 F.3d 228 (5th Cir. 2009)   Cited 2,214 times   5 Legal Analyses
    Holding that warnings "d[id] not qualify as meaningful cautionary language" because they "did not disclose that defendants knew from past experience that the [risks] posed an imminent threat of business and financial ruin and that some damage from these risks had already materialized"

  5. Plotkin v. IP Axess Inc.

    407 F.3d 690 (5th Cir. 2005)   Cited 1,038 times
    Holding that a plaintiff must plead with “specificity as to the statements (or omissions) considered to be fraudulent, the speaker, when and why the statements were made, and an explanation of why they were fraudulent.”

  6. Gentilello v. Rege

    627 F.3d 540 (5th Cir. 2010)   Cited 767 times
    Holding that the standard for deciding a Rule 12(c) motion is the same as for deciding a Rule 12(b) motion

  7. DeJesus v. HF Mgmt. Servs., LLC

    726 F.3d 85 (2d Cir. 2013)   Cited 446 times   5 Legal Analyses
    Holding that "[w]hatever the precise level of specificity that was required of the complaint, Dejesus at least was required to do more than repeat the language of the statute"

  8. Hoffmann v. Sbarro, Inc.

    982 F. Supp. 249 (S.D.N.Y. 1997)   Cited 578 times
    Holding there is “no question, therefore, that plaintiffs have shown a factual nexus between their situation and the situation of other current and former” employees where defendant admitted it had a uniform policy regarding them all

  9. Johnson v. Heckmann Water Resources (CVR), Inc.

    758 F.3d 627 (5th Cir. 2014)   Cited 178 times   5 Legal Analyses
    Listing this as one of four elements of the prima facie case for an overtime claim

  10. Pruell v. Caritas Christi

    678 F.3d 10 (1st Cir. 2012)   Cited 186 times   2 Legal Analyses
    Holding a simple statement that plaintiffs worked more than forty hours per week was inadequate to establish a FLSA claim where the complaint lacked examples or estimates of unpaid time to substantiate the claim

  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 360,739 times   954 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 163,552 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 216 - Penalties

    29 U.S.C. § 216   Cited 16,891 times   143 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

  14. Section 207 - Maximum hours

    29 U.S.C. § 207   Cited 10,802 times   231 Legal Analyses
    Establishing overtime rules

  15. Section 206 - Minimum wage

    29 U.S.C. § 206   Cited 9,073 times   101 Legal Analyses
    Asking only whether the alleged inequality resulted from “any other factor other than sex”

  16. Section 213 - Exemptions

    29 U.S.C. § 213   Cited 4,705 times   257 Legal Analyses
    Exempting from provisions of the Fair Labor Standards Act "any employee employed on a casual basis in domestic service employment to provide companionship services for individuals who (because of age or infirmity) are unable to care for themselves (as such terms are defined and delimited by regulations of the Secretary)"

  17. Section 10101 - Rail transportation policy

    49 U.S.C. § 10101   Cited 800 times   15 Legal Analyses
    Articulating objective of "promot[ing] a safe and efficient rail transportation system by allowing rail carriers to earn adequate revenues"

  18. Section 181 - Application of subchapter I to carriers by air

    45 U.S.C. § 181   Cited 466 times   4 Legal Analyses
    Amending RLA to apply to interstate air carriers

  19. Section 31502 - Requirements for qualifications, hours of service, safety, and equipment standards

    49 U.S.C. § 31502   Cited 327 times   3 Legal Analyses
    Granting Secretary of Transportation authority to prescribe maximum hours for motor carrier employees