§Why CasetextPricing

Dettling et al v. Medtech College, Llc et al

MOTION to Dismiss for Failure to State a Claim

24 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 269,421 times   281 Legal Analyses
    Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 282,303 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. United States v. Bestfoods

    524 U.S. 51 (1998)   Cited 1,456 times   23 Legal Analyses
    Holding that ownership and control is insufficient to demonstrate an alter-ego relationship

  4. Francis v. Giacomelli

    588 F.3d 186 (4th Cir. 2009)   Cited 4,100 times
    Holding that the defendant was entitled to qualified immunity since "his actions were not clearly unlawful when performed"

  5. Dole Food Co. v. Patrickson

    538 U.S. 468 (2003)   Cited 532 times   7 Legal Analyses
    Holding that a now-private corporation could not assert sovereign immunity in a suit involving events that occurred when the entity was owned by a foreign sovereign

  6. Wahi v. Charleston Area Medical Center, Inc.

    562 F.3d 599 (4th Cir. 2009)   Cited 911 times
    Holding that an issue raised in a footnote and addressed with only a single declarative sentence asserting error is waived

  7. Migdal v. Rowe Price-Fleming Intern., Inc.

    248 F.3d 321 (4th Cir. 2001)   Cited 718 times   3 Legal Analyses
    Holding that “Rule 12(b) requires more than the mere recitation of boilerplate statutory language”

  8. Pearson v. Component Tech. Corp.

    247 F.3d 471 (3d Cir. 2001)   Cited 647 times   3 Legal Analyses
    Holding that no person held a director or officer position both with CompTech and with GECC

  9. McCleary-Evans v. Md. Dep't of Transp., State Highway Admin.

    780 F.3d 582 (4th Cir. 2015)   Cited 237 times   1 Legal Analyses
    Holding that permitting a claim to go forward where nothing more than that an adverse act was done by someone outside of the protected class would permit almost all claims to survive a motion to dismiss

  10. Harman v. Unisys Corp.

    356 F. App'x 638 (4th Cir. 2009)   Cited 120 times   1 Legal Analyses
    Holding that the district court did not abuse its discretion when it allowed a party to file a motion response one day out of time, citing Rule 6(b)

  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 364,364 times   964 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 165,340 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 2101 - Definitions; exclusions from definition of loss of employment

    29 U.S.C. § 2101   Cited 839 times   40 Legal Analyses
    Defining "mass layoff" as "a reduction in force" that is not the result of a plant closing and "(B) results in an employment loss"

  14. Section 639.3 - Definitions

    20 C.F.R. § 639.3   Cited 234 times   12 Legal Analyses
    Describing what constitutes a "single site of employment"