§Why CasetextPricing

Delaughter v. Esa Management Llc

MOTION to dismiss for failure to state a claim Plaintiff's Second Amended Complaint

30 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 277,112 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. Spokeo, Inc. v. Robins

    578 U.S. 330 (2016)   Cited 8,020 times   443 Legal Analyses
    Holding that a statutory violation, without more, did not give rise to Article III standing

  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,922 times   142 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  4. Raines v. Byrd

    521 U.S. 811 (1997)   Cited 1,828 times   10 Legal Analyses
    Holding specifically and only that "individual members of Congress [lack] Article III standing"

  5. Jackson v. Bellsouth Telecomms.

    372 F.3d 1250 (11th Cir. 2004)   Cited 1,844 times   1 Legal Analyses
    Holding that the same analysis applies to federal and Florida RICO claims

  6. Lawrence v. Dunbar

    919 F.2d 1525 (11th Cir. 1990)   Cited 1,654 times
    Holding that in those circumstances we treat the challenge as a summary judgment motion and thus “[o]ur review is ... plenary”

  7. Morrison v. Amway Corp.

    323 F.3d 920 (11th Cir. 2003)   Cited 1,005 times   1 Legal Analyses
    Holding that, based on Garcia, whether the defendant qualified as an employer under the FMLA “implicated both jurisdiction and the underlying merits” of the plaintiff's claim and, therefore, should not be resolved on a Rule 12(b) motion to dismiss

  8. Griffin v. Irvin

    496 F.3d 1189 (11th Cir. 2007)   Cited 692 times
    Holding that the language in the Equal Protection Clause "may, as it does here, simply operate at too high a level of generality" to make prior case law unnecessary, and that the broad legal principles in "class of one" cases were inapplicable because "the precise facts of a case are critical in evaluating a 'class of one' claim"

  9. Stalley v. Orlando

    524 F.3d 1229 (11th Cir. 2008)   Cited 657 times   2 Legal Analyses
    Holding that the Medicare Secondary Payer Act "differs materially" from a qui tam action partly because it "provides to the government none of the procedural safeguards to manage or direct an action" traditionally afforded

  10. Oxford Asset Management, Ltd. v. Jaharis

    297 F.3d 1182 (11th Cir. 2002)   Cited 787 times
    Holding conclusory allegations are insufficient to state a 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 358,269 times   949 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,679 times   174 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  13. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 20,320 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  14. Section 1002 - Definitions

    29 U.S.C. § 1002   Cited 11,194 times   60 Legal Analyses
    Holding that ERISA is a federal law that sets standards of protection for individuals in most voluntarily established, private-sector retirement plans

  15. Rule 7 - Pleadings Allowed; Form of Motions and Other Papers

    Fed. R. Civ. P. 7   Cited 7,856 times   2 Legal Analyses
    Defining "pleadings" for purposes of the Federal Rules of Civil Procedure

  16. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 6,505 times   198 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"

  17. Section 1166 - Notice requirements

    29 U.S.C. § 1166   Cited 475 times   2 Legal Analyses
    Requiring notice to the employer of a § 1163 "qualifying event" within 60 days

  18. Section 1163 - Qualifying event

    29 U.S.C. § 1163   Cited 293 times   1 Legal Analyses
    Excluding termination for "gross misconduct" from list of qualifying events

  19. Section 2590.606-4 - Notice requirements for plan administrators

    29 C.F.R. § 2590.606-4   Cited 58 times   8 Legal Analyses
    Listing COBRA notice requirements