§Why CasetextPricing

Daugherty et al v. Adams et al

REPLY BRIEF re MOTION to Dismiss MOTION to Transfer Case to Western District of Pennsylvania MOTION to Stay

35 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,983 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

  2. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 17,472 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  3. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,540 times   4 Legal Analyses
    Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"

  4. Colorado River Water Cons. Dist. v. U.S.

    424 U.S. 800 (1976)   Cited 8,398 times   13 Legal Analyses
    Holding that, in limited circumstances, federal courts should abstain from deciding a case when there are related proceedings pending in state court

  5. University of Pennsylvania v. Equal Employment Opportunity Commission

    493 U.S. 182 (1990)   Cited 646 times   1 Legal Analyses
    Holding that plaintiff university failed to make out a cognizable First Amendment claim in light of speculative, attenuated, and remote harm

  6. Manuel v. Convergys Corp.

    430 F.3d 1132 (11th Cir. 2005)   Cited 679 times   4 Legal Analyses
    Affirming district court application of Georgia law to determine enforceability of non-compete agreement despite choice-of-law provision requiring application of Ohio law

  7. E.E.O.C. v. Univ. of Pa.

    850 F.2d 969 (3d Cir. 1988)   Cited 486 times
    Holding that under the circumstances and in light of the purposes of Title VII of the Civil Rights Act of 1964, the first-filed rule did not govern the case

  8. Graff v. Subbiah Cardiology Associates, Ltd.

    Civil No. 08-207 (W.D. Pa. Jun. 4, 2008)   Cited 158 times

    Civil No. 08-207. June 4, 2008 Opinion Order MAURICE COHILL JR., District Judge Plaintiff brings this civil rights employment action claiming she was subject to unwanted sexual comments and touching by her employer and was retaliated against for reporting this conduct, all in violation of Title VII of the Civil Rights Act of 1967 (42 U.S.C. § 2000(e) et seq.). Presently before the court is Defendant's Motion to Dismiss or in the Alternative for Summary Judgment. For the reasons stated below we will

  9. Lawrence v. Xerox Corp.

    56 F. Supp. 2d 442 (D.N.J. 1999)   Cited 118 times
    Finding that "the choice of forum by a plaintiff is a paramount concern in a Section 1404 analysis"

  10. Merrill Lynch, Pierce, Fenner v. Haydu

    675 F.2d 1169 (11th Cir. 1982)   Cited 175 times
    Holding a first-filed state action could stay parallel federal litigation

  11. Section 636 - Jurisdiction, powers, and temporary assignment

    28 U.S.C. § 636   Cited 526,326 times   41 Legal Analyses
    Holding that when a party fails to object to a magistrate judge's report and recommendation, our review of the district court's resulting decision is for plain error so long as the party "has been served with notice that [this consequence] will result from a failure to object"

  12. 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 361,663 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

  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,974 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."