38 Cited authorities

Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 17,137 times 20 Legal Analyses
Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
GJR Investments, Inc. v. County of Escambia
132 F.3d 1359 (11th Cir. 1998) Cited 2,375 times
Holding that a complaint that fails to make particularized allegations that a conspiracy existed in a § 1983 claim should be dismissed
Busby v. City of Orlando
931 F.2d 764 (11th Cir. 1991) Cited 1,354 times 1 Legal Analyses
Holding that "relief granted under Title VII is against the employer, not individual employees whose actions constituted a violation of [Title VII]"
Anderson v. District Board of Trustees of Central Florida Community College
77 F.3d 364 (11th Cir. 1996) Cited 934 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
Strat. Income Fund v. Spear, Leeds Kellogg
305 F.3d 1293 (11th Cir. 2002) Cited 712 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
Fullman v. Graddick
739 F.2d 553 (11th Cir. 1984) Cited 1,038 times
Holding that mere verification of a party's own conclusory allegations is insufficient to withstand a motion for summary judgment
Quality Foods v. Latin Am. Agribusiness Devel
711 F.2d 989 (11th Cir. 1983) Cited 883 times 1 Legal Analyses
Holding that liberalized consideration of complaint espoused in Conley "is particularly true in an antitrust suit where the proof and details of the alleged conspiracy are largely in the hands of the alleged co-conspirators."
Cox v. Treadway
75 F.3d 230 (6th Cir. 1996) Cited 524 times
Holding that substitution of a "John Doe" defendant with a named party is not a misnomer but a "change in parties" that does not relate back
Barrow v. Wethersfield Police Dept
66 F.3d 466 (2d Cir. 1995) Cited 439 times 1 Legal Analyses
Holding that "Rule 15(c) does not allow an amended complaint adding new defendants to relate back if the newly-added defendants were not named originally because the plaintiff did not know their identities"
Cross v. Alabama, State Department of Mental Health & Mental Retardation
49 F.3d 1490 (11th Cir. 1995) Cited 437 times
Holding that to establish a violation of the Equal Protection Clause, discriminatory motive or purpose of the actor must be proven
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 355,868 times 945 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 161,044 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 93,233 times 91 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
Section 2000e - Definitions
42 U.S.C. § 2000e Cited 52,205 times 130 Legal Analyses
Granting EEOC authority to issue procedural regulations to carry out Title VII provisions
Section 2000e-5 - Enforcement provisions
42 U.S.C. § 2000e-5 Cited 27,251 times 124 Legal Analyses
Holding charges must be made in writing, under oath, and contain all information as the Commission requires
Rule 10 - Form of Pleadings
Fed. R. Civ. P. 10 Cited 20,163 times 10 Legal Analyses
Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion
Section 440.11 - Exclusiveness of liability
Fla. Stat. § 440.11 Cited 530 times 3 Legal Analyses
Setting forth exception to workers' compensation immunity when an employee acts "with respect to a fellow employee. . . with gross negligence" and his actions proximately cause a co-employee's injury or death
Section 448.102 - Prohibitions
Fla. Stat. § 448.102 Cited 306 times 10 Legal Analyses
Prohibiting employees from taking "retaliatory personnel action"
Section 448.103 - Employee's remedy; relief
Fla. Stat. § 448.103 Cited 49 times
Allowing for the recovery of "[c]ompensation for lost wages, benefits, and other remuneration."

Douberley v. Burger King Corporation et al

38 Cited authorities

Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

Holding that a complaint that fails to make particularized allegations that a conspiracy existed in a § 1983 claim should be dismissed

Holding that "relief granted under Title VII is against the employer, not individual employees whose actions constituted a violation of [Title VII]"

Holding that plaintiffs are required to "present each claim for relief in a separate count" rather than asserting numerous claims within a single count

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

Holding that mere verification of a party's own conclusory allegations is insufficient to withstand a motion for summary judgment

Holding that liberalized consideration of complaint espoused in Conley "is particularly true in an antitrust suit where the proof and details of the alleged conspiracy are largely in the hands of the alleged co-conspirators."

Holding that substitution of a "John Doe" defendant with a named party is not a misnomer but a "change in parties" that does not relate back

Holding that "Rule 15(c) does not allow an amended complaint adding new defendants to relate back if the newly-added defendants were not named originally because the plaintiff did not know their identities"

Holding that to establish a violation of the Equal Protection Clause, discriminatory motive or purpose of the actor must be proven

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

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

Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

Holding charges must be made in writing, under oath, and contain all information as the Commission requires

Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

Setting forth exception to workers' compensation immunity when an employee acts "with respect to a fellow employee. . . with gross negligence" and his actions proximately cause a co-employee's injury or death

Prohibiting employees from taking "retaliatory personnel action"

Allowing for the recovery of "[c]ompensation for lost wages, benefits, and other remuneration."