§Why CasetextPricing

Elat v. Ngoubene et al

RESPONSE in Opposition re Joint MOTION to Quash or, in the AlternativeJoint MOTION to Dismiss for Failure to State a Claim

26 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,127 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. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 65,323 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

  3. Nemet Chevrolet v. Consumeraffairs.com, Inc.

    591 F.3d 250 (4th Cir. 2009)   Cited 3,236 times   3 Legal Analyses
    Holding that a website did not contribute to alleged illegality

  4. Harris v. Hutchinson

    209 F.3d 325 (4th Cir. 2000)   Cited 2,558 times   4 Legal Analyses
    Holding that an attorney's misinterpretation of AEDPA's limitations period did not warrant tolling

  5. Goodman v. Praxair

    494 F.3d 458 (4th Cir. 2007)   Cited 1,823 times   1 Legal Analyses
    Holding that the district court erred by dismissing the complaint under Rule 12(b) as time-barred where the complaint did not allege facts sufficiently clear to conclude that the statute of limitations had run

  6. Haas v. Lockheed Martin Corp.

    396 Md. 469 (Md. 2007)   Cited 210 times
    Holding that, when reviewing a circuit court's grant of summary judgement, "[w]e consider, de novo, first, whether a material fact was placed in genuine dispute, thus requiring a trial, and . . . whether the Circuit Court was legally correct in granting summary judgment."

  7. Alvarez-Machain v. United States

    107 F.3d 696 (9th Cir. 1996)   Cited 264 times
    Holding that “equitable tolling is available for FTCA claims in appropriate circumstances”

  8. Dual Inc. v. Lockheed Martin Corp.

    383 Md. 151 (Md. 2004)   Cited 157 times
    Holding that a defendant's motion to dismiss amounted to a motion for summary judgment when the record revealed that the trial court "considered factual matters, placed before it by the parties, beyond those alleged in the complaint or amended complaint"

  9. English v. Pabst Brewing Co.

    828 F.2d 1047 (4th Cir. 1987)   Cited 237 times
    Holding that, even "[i]f an employer violates the posting requirement, the charging period is tolled until the plaintiff acquires actual knowledge of his rights or retains an attorney."

  10. Chao v. Va. Dep't of Transp.

    291 F.3d 276 (4th Cir. 2002)   Cited 142 times
    Holding that "[e]quitable tolling is not appropriate . . . where the claimant failed to exercise due diligence in preserving his legal rights."

  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 361,853 times   961 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 164,067 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. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,154 times   335 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 1589 - Forced labor

    18 U.S.C. § 1589   Cited 759 times   15 Legal Analyses
    Defining "serious harm" as that which would compel a "reasonable person" to perform or continue performing labor to avoid incurring such harm

  15. Section 254d - Dismissal on motion of action against individual entitled to immunity

    22 U.S.C. § 254d   Cited 68 times
    Incorporating VCDR