33 Cited authorities

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
Faragher v. Boca Raton
524 U.S. 775 (1998) Cited 9,495 times 101 Legal Analyses
Holding that, to be actionable, the alleged conduct "must be extreme" and "the sporadic use of abusive language, gender-related jokes, and occasional teasing" are not enough
Burlington Indus., Inc. v. Ellerth
524 U.S. 742 (1998) Cited 7,246 times 93 Legal Analyses
Holding that an employer is not liable for a hostile work environment created by one of its employees when "the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and . . . the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise"
Bonner v. City of Prichard
661 F.2d 1206 (11th Cir. 1981) Cited 16,485 times 2 Legal Analyses
Holding that all decisions from the Fifth Circuit Court of Appeals issued prior to the close of business of September 30, 1981, are binding precedent in the Eleventh Circuit
Lynn's Food Stores, Inc. v. United States
679 F.2d 1350 (11th Cir. 1982) Cited 3,981 times 24 Legal Analyses
Holding that settlement of an FLSA claim must be approved by either a court or the Department of Labor
Kowal v. MCI Communications Corp.
16 F.3d 1271 (D.C. Cir. 1994) Cited 1,843 times 1 Legal Analyses
Holding that statements of optimism give rise to a strong inference of scienter if they lacked a reasonable basis when made
Anderson v. Mt. Clemens Pottery Co.
328 U.S. 680 (1946) Cited 2,643 times 58 Legal Analyses
Holding that "the damage is. . . certain" where employee proved that he performed work that was not paid in accordance with the statutes, and that damages can then be awarded if there is a "basis for a reasonable inference as to the extent of the damages"
Kuebel v. Black Decker
643 F.3d 352 (2d Cir. 2011) Cited 527 times 5 Legal Analyses
Holding that a triable fact question existed as to willfulness where the employer was aware that the employee's responsibilities might require over 40 hours of work per week and instructed him not to record overtime
Grochowski v. Phx. Constr.
318 F.3d 80 (2d Cir. 2003) Cited 621 times 3 Legal Analyses
Holding that when a government contract confirms a statutory obligation, "a third-party private contract action [to enforce that obligation] would be inconsistent with ... the legislative scheme ... to the same extent as would a cause of action directly under the statute"
Hawthorne v. Mac Adjustment, Inc.
140 F.3d 1367 (11th Cir. 1998) Cited 672 times 1 Legal Analyses
Holding the obligation of a tortfeasor to pay damages is not "debt" under the FDCPA because it is not a "consensual or contractual arrangement" but rather amounts to a "damage obligation thrust upon one as a result of no more than her own negligence"
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. . . ."
Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Fed. R. Civ. P. 11 Cited 37,377 times 150 Legal Analyses
Holding an "unrepresented party" to the same standard as an attorney
Section 785.11 - General
29 C.F.R. § 785.11 Cited 277 times 18 Legal Analyses
Interpreting the "suffer or permit to work" requirement to mean that an employer violates the FLSA when it "knows or has reason to believe that he is continuing to work and the time is working time."

Dudley v. Regions Financial Corporation et al

33 Cited authorities

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

Holding that, to be actionable, the alleged conduct "must be extreme" and "the sporadic use of abusive language, gender-related jokes, and occasional teasing" are not enough

Holding that all decisions from the Fifth Circuit Court of Appeals issued prior to the close of business of September 30, 1981, are binding precedent in the Eleventh Circuit

Holding that settlement of an FLSA claim must be approved by either a court or the Department of Labor

Holding that statements of optimism give rise to a strong inference of scienter if they lacked a reasonable basis when made

Holding that "the damage is. . . certain" where employee proved that he performed work that was not paid in accordance with the statutes, and that damages can then be awarded if there is a "basis for a reasonable inference as to the extent of the damages"

Holding that a triable fact question existed as to willfulness where the employer was aware that the employee's responsibilities might require over 40 hours of work per week and instructed him not to record overtime

Holding that when a government contract confirms a statutory obligation, "a third-party private contract action [to enforce that obligation] would be inconsistent with ... the legislative scheme ... to the same extent as would a cause of action directly under the statute"

Holding the obligation of a tortfeasor to pay damages is not "debt" under the FDCPA because it is not a "consensual or contractual arrangement" but rather amounts to a "damage obligation thrust upon one as a result of no more than her own negligence"

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

Holding an "unrepresented party" to the same standard as an attorney

Interpreting the "suffer or permit to work" requirement to mean that an employer violates the FLSA when it "knows or has reason to believe that he is continuing to work and the time is working time."