§Why CasetextPricing

Ferguson v. Texas Farm Bureau et al

BRIEF regarding 45 MOTION to Dismiss Rule 12

41 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,028 times   280 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 268,776 times   367 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. McLaughlin v. Richland Shoe Co.

    486 U.S. 128 (1988)   Cited 1,961 times   12 Legal Analyses
    Holding that the "plain language" of the Fair Labor Standards Act's "willful" liquidated damages standard requires that "the employer either knew or showed reckless disregard for the matter of whether its conduct was prohibited by the statute," without regard to the outrageousness of the conduct at issue

  4. Trans World Airlines, Inc. v. Thurston

    469 U.S. 111 (1985)   Cited 1,859 times
    Holding McDonnell Douglas is inapplicable when direct evidence is presented

  5. Barrentine v. Ark.-Best Freight Sys.

    450 U.S. 728 (1981)   Cited 1,663 times   19 Legal Analyses
    Holding that Fair Labor Standards Act claims may be brought in federal court notwithstanding an arbitration provision in a CBA

  6. Christopher v. Smithkline Beecham Corp.

    567 U.S. 142 (2012)   Cited 336 times   4 Legal Analyses
    Holding that Auer "[d]eference is undoubtedly inappropriate. . . when the agency's interpretation is plainly erroneous or inconsistent with the regulation."

  7. Morgan v. Family Dollar

    551 F.3d 1233 (11th Cir. 2008)   Cited 914 times   8 Legal Analyses
    Holding that sufficient evidence supported jury's determination that Family Dollar Store Managers were nonexempt employees

  8. Singer v. City of Waco

    324 F.3d 813 (5th Cir. 2003)   Cited 372 times   1 Legal Analyses
    Holding that the city could establish a 207(k) work period by following one

  9. Gray v. Powers

    673 F.3d 352 (5th Cir. 2012)   Cited 265 times   1 Legal Analyses
    Holding that the first element was not established when the only evidence produced was that the defendant was a member of the board that ran the plaintiff's workplace and participated in a group decision to hire a general manager for the establishment

  10. Chao v. A-One Med. Servs., Inc.

    346 F.3d 908 (9th Cir. 2003)   Cited 254 times   6 Legal Analyses
    Holding that " federal court must give to a state court judgment the same preclusive effect as would the courts of the state in which it was rendered"

  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 348,310 times   930 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 157,506 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 207 - Maximum hours

    29 U.S.C. § 207   Cited 10,513 times   228 Legal Analyses
    Establishing overtime rules

  14. Section 203 - Definitions

    29 U.S.C. § 203   Cited 6,824 times   274 Legal Analyses
    Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable

  15. Section 255 - Statute of limitations

    29 U.S.C. § 255   Cited 4,554 times   8 Legal Analyses
    Recognizing that not all FLSA wage and overtime claims are willful

  16. Section 202 - Congressional finding and declaration of policy

    29 U.S.C. § 202   Cited 1,114 times   5 Legal Analyses
    Finding that domestic service employees affect commerce