§Why CasetextPricing

Davida v. Newpark Drilling Fluids, LLC

Response in Opposition to Motion

31 Cited authorities

  1. In re Katrina Canal

    495 F.3d 191 (5th Cir. 2007)   Cited 4,842 times   6 Legal Analyses
    Holding that flood exclusion provisions in State Farm policy covered damage caused by flooding due to breached levees

  2. Barrentine v. Ark.-Best Freight Sys.

    450 U.S. 728 (1981)   Cited 1,705 times   19 Legal Analyses
    Holding that Fair Labor Standards Act claims may be brought in federal court notwithstanding an arbitration provision in a CBA

  3. Brooklyn Bank v. O'Neil

    324 U.S. 697 (1945)   Cited 1,746 times   28 Legal Analyses
    Holding right to liquidated damages under Fair Labor Standards Act nonwaivable

  4. Shahriar v. Smith Wollensky Rest. Grp., Inc.

    659 F.3d 234 (2d Cir. 2011)   Cited 544 times   5 Legal Analyses
    Holding that collective actions under the FLSA encompass only FLSA violations

  5. ASARCO, LLC v. Union Pac. R. Co.

    765 F.3d 999 (9th Cir. 2014)   Cited 384 times   3 Legal Analyses
    Holding that generally, "language will be deemed ambiguous when it is reasonably susceptible to more than one interpretation."

  6. Narayan v. EGL, Inc.

    616 F.3d 895 (9th Cir. 2010)   Cited 239 times   2 Legal Analyses
    Holding that once drivers had established a prima facie case of employment status by coming forward with evidence that they provided services for the company, the burden shifted to the company to establish by a preponderance of the evidence that the drivers were independent contractors

  7. Hollinger v. Home State Mut. Ins. Co.

    654 F.3d 564 (5th Cir. 2011)   Cited 227 times   3 Legal Analyses
    Finding that defendants were primary defendants after considering the fact that all punitive class members had claims against them and that they had issued the insurance policies at the center of the dispute

  8. Ervin v. OS Restaurant Services, Inc.

    632 F.3d 971 (7th Cir. 2011)   Cited 229 times   6 Legal Analyses
    Holding that "employees who institute a collective action against their employer under the terms of the FLSA may at the same time litigate supplemental state law claims as a class action certified according to FRCP 23(b)"

  9. Walton v. United Consumers Club, Inc.

    786 F.2d 303 (7th Cir. 1986)   Cited 349 times   3 Legal Analyses
    Holding that the admission of answers to interrogatories in lieu of oral testimony violated the hearsay rule but that the error was harmless

  10. Smith v. Reg'l Transit Auth.

    756 F.3d 340 (5th Cir. 2014)   Cited 136 times
    Holding that federal district courts have subject matter jurisdiction to decide whether plan is ERISA plan or governmental plan, and that where factual information outside pleadings is necessary, proper vehicle to do so is Rule 56

  11. 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. . . ."

  12. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 116,150 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  13. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 95,100 times   92 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  14. Section 4111.13 - Employer prohibitions

    Ohio Rev. Code § 4111.13   Cited 21 times
    Protecting employee filing of suit to enforce minimum-wage laws

  15. Section 333.113 - Civil actions

    43 Pa. Stat. § 333.113   Cited 17 times
    Authorizing private right of action to redress violations of the MWA