22 Cited authorities

In re Burlington Coat Factory
114 F.3d 1410 (3d Cir. 1997) Cited 8,037 times 4 Legal Analyses
Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss
Davis v. Abington Mem'l Hosp.
765 F.3d 236 (3d Cir. 2014) Cited 836 times 3 Legal Analyses
Holding "a plaintiff's claim that she ‘typically’ worked forty hours per week, worked extra hours during such a forty-hour week, and was not compensated for extra hours beyond forty hours he or she worked during one or more of those forty-hour weeks, would suffice" to state an FLSA claim
Thompson v. Real Estate Mortg. Network
748 F.3d 142 (3d Cir. 2014) Cited 534 times 6 Legal Analyses
Holding that the district court may have been "correct" in not finding a "joint employment" relationship "if one considers only the name of the payor appearing on [plaintiff]'s pay stubs. But [plaintiff] alleges more. The Amended Complaint states that an employee of [defendant] conducted Thompson's training . . . indicating that [defendant] had at least some authority to 'promulgate work rules and assignments'"
Grp. Against Smog & Pollution, Inc. v. Shenango Inc.
810 F.3d 116 (3d Cir. 2016) Cited 286 times 1 Legal Analyses
Finding diligent prosecution when a consent decree contained similar provisions—including a continuing jurisdiction provision and a provision allowing the government to "seek court intervention in the event of continuing violations"—because the "principal enforcement mechanism" were in place so that a citizen suit would have been improperly duplicitous
Rycoline Products, Inc. v. C W Unlimited
109 F.3d 883 (3d Cir. 1997) Cited 471 times
Holding that a motion to dismiss that relies on an entire-controversy defense not appearing on the face of the complaint must be denied without prejudice or converted to a motion for summary judgment under Federal Rule of Civil Procedure 12(d)
DiTrolio v. Antiles
142 N.J. 253 (N.J. 1995) Cited 332 times 1 Legal Analyses
Holding that a settlement or dismissal without prejudice is but one factor court should consider when applying entire controversy bar
Wadeer v. N.J. Mfrs. Ins. Co.
220 N.J. 591 (N.J. 2015) Cited 168 times 1 Legal Analyses
Holding that application of res judicata is determined by "' whether the acts complained of and the demand for relief are the same . . . ; whether the theory of recovery is the same; whether the witnesses and documents necessary at trial are the same . . . ; and whether the material facts alleged are the same'" (quoting Culver v. Ins. Co. of N. America, 115 N.J. 451, 461-62 (1989))
Gillibeau v. City of Richmond
417 F.2d 426 (9th Cir. 1969) Cited 578 times
In Gillibeau, the defendants challenged the plaintiffs' second amended complaint for several reasons including that the complaint inadequately alleged a basis for a Rule 23 class action. 417 F.2d at 432.
Cogdell v. Hospital Center at Orange
116 N.J. 7 (N.J. 1989) Cited 290 times
Holding that violation of R. 4:5-1(b) justifies dismissal
Tonka Corp. v. Rose Art Industries, Inc.
836 F. Supp. 200 (D.N.J. 1993) Cited 179 times
Holding motions to strike will generally "be denied unless the allegations have no possible relation to the controversy and may cause prejudice to one of the parties, or if the allegations confuse the issues."
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 361,353 times 960 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 163,831 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 531.52 - General restrictions on an employer's use of its employees' tips
29 C.F.R. § 531.52 Cited 119 times 56 Legal Analyses
Requiring a customer's tipping of a server to be "free of any control by the employer"

Crawford et al v. Fhg Realty Urban Renewal Llc et al

22 Cited authorities

Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss

Holding "a plaintiff's claim that she ‘typically’ worked forty hours per week, worked extra hours during such a forty-hour week, and was not compensated for extra hours beyond forty hours he or she worked during one or more of those forty-hour weeks, would suffice" to state an FLSA claim

Holding that a motion to dismiss that relies on an entire-controversy defense not appearing on the face of the complaint must be denied without prejudice or converted to a motion for summary judgment under Federal Rule of Civil Procedure 12(d)

Holding that a settlement or dismissal without prejudice is but one factor court should consider when applying entire controversy bar

In Gillibeau, the defendants challenged the plaintiffs' second amended complaint for several reasons including that the complaint inadequately alleged a basis for a Rule 23 class action. 417 F.2d at 432.

Holding that violation of R. 4:5-1(b) justifies dismissal

Holding motions to strike will generally "be denied unless the allegations have no possible relation to the controversy and may cause prejudice to one of the parties, or if the allegations confuse the issues."

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Requiring a customer's tipping of a server to be "free of any control by the employer"