§Why CasetextPricing

Davis v. Sam's West Inc

MOTION to Dismiss Plaintiff's Complaint, MOTION for More Definite Statement

27 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,691 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 279,746 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. Alvarez v. Royal Atlantic Devel

    610 F.3d 1253 (11th Cir. 2010)   Cited 1,024 times   3 Legal Analyses
    Holding that a single stray remark from a non-decisionmaker that "Cubans are dumb" was not enough to raise a genuine fact issue

  4. Davis v. Coca-Cola Bottling

    516 F.3d 955 (11th Cir. 2008)   Cited 973 times   2 Legal Analyses
    Holding that hiring decisions were "discrete acts of discrimination" that could not go forward under the continuing-violation doctrine

  5. Davis v. Town of Lake Park

    245 F.3d 1232 (11th Cir. 2001)   Cited 905 times
    Holding that job performance memoranda rarely constitute adverse employment actions

  6. Anderson v. District Board of Trustees of Central Florida Community College

    77 F.3d 364 (11th Cir. 1996)   Cited 950 times
    Holding that plaintiffs are required to "present each claim for relief in a separate count" rather than asserting numerous claims within a single count

  7. Strat. Income Fund v. Spear, Leeds Kellogg

    305 F.3d 1293 (11th Cir. 2002)   Cited 719 times   1 Legal Analyses
    Deciding that the third amended complaint, which contained 127 paragraphs, all incorporated by reference into nine separate counts created an "onerous task" for the trial court to sift through

  8. McCann v. Tillman

    526 F.3d 1370 (11th Cir. 2008)   Cited 586 times   1 Legal Analyses
    Holding that five days was sufficient circumstantial evidence of causation

  9. NIX v. WLCY RADIO/RAHALL COMMUNICATIONS

    738 F.2d 1181 (11th Cir. 1984)   Cited 920 times
    Holding an employee may be fired "for good reason, bad reason, reason based on erroneous facts, or no reason at all, so long as its action is not for a discriminatory reason"

  10. Hunnings v. Texaco, Inc.

    29 F.3d 1480 (11th Cir. 1994)   Cited 554 times
    Holding manufacturer of mineral spirits, an "`inherently dangerous commodity'" to heightened responsibility to prevent misuse of their product

  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 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

  12. 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. . . ."

  13. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 52,586 times   130 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  14. Section 1981 - Equal rights under the law

    42 U.S.C. § 1981   Cited 38,838 times   265 Legal Analyses
    Granting equal rights to "make and enforce contracts" without regard to race

  15. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 20,561 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion