§Why CasetextPricing

Doucot v. IDS Scheer, Inc. et al

MEMORANDUM in Opposition re MOTION to Dismiss First Amended Complaint

30 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 262,570 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 275,856 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. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,549 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity

  4. Thomas v. Union Carbide Agric. Products Co.

    473 U.S. 568 (1985)   Cited 1,280 times   6 Legal Analyses
    Holding that a challenge to a statutory system of arbitration was ripe because the plaintiffs' "injury [was] not a function of whether the [arbitration] tribunal awards reasonable compensation but of the tribunal's authority to adjudicate the dispute"

  5. Corestates Bank, N.A., v. Cutillo

    723 A.2d 1053 (Pa. Super. Ct. 1999)   Cited 567 times
    Holding that a cause of action for breach of contract must be established by demonstrating " the existence of a contract, including its essential terms, a breach of a duty imposed by the contract and resultant damages"

  6. Calvi v. Knox County

    470 F.3d 422 (1st Cir. 2006)   Cited 382 times
    Holding that keeping an arrestee in handcuffs while transporting her to a detention facility, based on standard police practice, did not constitute excessive force

  7. Gargano v. Liberty Intern. Underwriters

    572 F.3d 45 (1st Cir. 2009)   Cited 335 times
    Finding that a claim was "made" when plaintiff filed suit

  8. Nollet v. Justices of the Trial Court of Massachusetts

    83 F. Supp. 2d 204 (D. Mass. 2000)   Cited 278 times
    Holding that judges who have latitude to fashion and enter a restraining order are not proper defendants because they are acting in a purely adjudicatory role

  9. McInnis-Misenor v. Maine Medical Center

    319 F.3d 63 (1st Cir. 2003)   Cited 139 times
    Holding that the plaintiff's claim was unripe because it "depends on future events that may never come to pass, or that may not occur in the form forecasted" and thus was "largely hypothetical" (quoting Ernst & Young v. Depositors Econ. Prot. Corp., 45 F.3d 530, 537 (1st Cir. 1995) )

  10. Com. Col. of Beaver Cty. v. Soc. of Fac

    473 Pa. 576 (Pa. 1977)   Cited 246 times
    Summarizing history, including text of former Rules

  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 356,916 times   947 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 161,536 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 149:148 - Payment of wages; commissions; exemption by contract; persons deemed employers; provision for cashing check or draft; violation of statute

    Mass. Gen. Laws ch. 149 § 148   Cited 523 times   30 Legal Analyses
    Providing that "any employee discharged from [his] employment shall be paid in full on the day of his discharge"

  14. Section 149:150 - Complaint for violation of certain sections; defenses; payment after complaint; assignments; loan of wages to employer; civil action

    Mass. Gen. Laws ch. 149 § 150   Cited 310 times   11 Legal Analyses
    Stating that "[a]n employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits"

  15. Section 260.1 - Short title

    43 Pa. Stat. § 260.1   Cited 218 times   1 Legal Analyses

    This act shall be known and may be cited as the "Wage Payment and Collection Law." 43 P.S. § 260.1 1961, July 14, P.L. 637, § 1, effective in 30 days.

  16. Section 278 - Continuation of corporation after dissolution for purposes of suit and winding up affairs

    Del. Code tit. 8 § 278   Cited 175 times   7 Legal Analyses

    All corporations, whether they expire by their own limitation or are otherwise dissolved, shall nevertheless be continued, for the term of 3 years from such expiration or dissolution or for such longer period as the Court of Chancery shall in its discretion direct, bodies corporate for the purpose of prosecuting and defending suits, whether civil, criminal or administrative, by or against them, and of enabling them gradually to settle and close their business, to dispose of and convey their property

  17. Section 260.5 - Employes who are separated from payroll before paydays

    43 Pa. Stat. § 260.5   Cited 25 times

    (a) Separated Employes.--Whenever an employer separates an employe from the payroll, or whenever an employe quits or resigns his employment, the wages or compensation earned shall become due and payable not later than the next regular payday of his employer on which such wages would otherwise be due and payable. If requested by the employe, such payment shall be made by certified mail. (b) Industrial Disputes.--In the event of the suspension of work as the result of an industrial dispute, the wages