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Erdei v. Deutsche Lufthansa AG

MEMORANDUM OF LAW in Support re: 4 MOTION to Dismiss . . Document

26 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,784 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,697 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. El Al Israel Airlines, Ltd. v. Tsui Yuan Tseng

    525 U.S. 155 (1999)   Cited 444 times   5 Legal Analyses
    Holding "that recovery for a personal injury suffered ‘on board [an] aircraft or in the course of any of the operations of embarking or disembarking,’ ... if not allowed under the Convention, is not available at all."

  4. Rivera v. Rochester Genesee Reg'l Transp. Auth.

    743 F.3d 11 (2d Cir. 2014)   Cited 542 times   2 Legal Analyses
    Holding that an employer's failure to give an employee a half day off for a doctor's appointment—even when combined with other actions—was insufficient to constitute an adverse employment action in the retaliation context

  5. Flagg v. Yonkers Savings & Loan Ass'n, FA,

    396 F.3d 178 (2d Cir. 2005)   Cited 259 times   1 Legal Analyses
    Finding that the OTS' exercise of preemption is within HOLA's grant of authority and is not arbitrary

  6. Califano v. Aznavorian

    439 U.S. 170 (1978)   Cited 139 times
    Holding that the limitations set forth in § 1382(f) do not violate the equal protection clause or impermissibly infringe on the right to international travel

  7. Asabor v. Archdiocese of N.Y.

    102 A.D.3d 524 (N.Y. App. Div. 2013)   Cited 145 times
    Stating that court must "draw all reasonable inferences in the light most favorable" to the non-movant on a motion for summary judgment

  8. Miller v. Reed

    176 F.3d 1202 (9th Cir. 1999)   Cited 209 times
    Holding that "burdens on a single mode of transportation do not implicate the right to interstate travel"

  9. U.S. v. International Broth. of Teamsters

    941 F.2d 1292 (2d Cir. 1991)   Cited 237 times
    Holding that a dispute between a union and union members sounded in contract and did not implicate constitutional rights

  10. Town v. Town

    477 F.3d 38 (2d Cir. 2007)   Cited 124 times
    Finding no discrimination where the law "does not give any advantage to local businesses at the expense of out-of-state competitors"

  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 345,981 times   922 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 156,250 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 2412 - Costs and fees

    28 U.S.C. § 2412   Cited 28,690 times   22 Legal Analyses
    Providing that an EAJA fee motion shall be filed "within thirty days of final judgment"

  14. Section 1985 - Conspiracy to interfere with civil rights

    42 U.S.C. § 1985   Cited 19,829 times   10 Legal Analyses
    Concerning conspiracies to obstruct justice or intimidate a party, witness, or juror

  15. Section 296 - [Effective 11/16/2024] Unlawful discriminatory practices

    N.Y. Exec. Law § 296   Cited 4,871 times   25 Legal Analyses
    Prohibiting discrimination because of "sexual orientation, ... sex," etc.