§Why CasetextPricing

Ferguson v. Texas Farm Bureau et al

BRIEF regarding 45 MOTION to Dismiss Rule 12

35 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 262,920 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Meritor Sav. Bank v. Vinson

    477 U.S. 57 (1986)   Cited 6,582 times   18 Legal Analyses
    Holding that sexual harassment may be actionable under Title VII as discrimination on the basis of sex if it is sufficiently severe and pervasive

  3. McLaughlin v. Richland Shoe Co.

    486 U.S. 128 (1988)   Cited 1,994 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. Nationwide Mut. Ins. Co. v. Darden

    503 U.S. 318 (1992)   Cited 1,501 times   46 Legal Analyses
    Holding that where the statute does not helpfully define the term "employee," courts should apply its established meaning

  5. Trans World Airlines, Inc. v. Thurston

    469 U.S. 111 (1985)   Cited 1,871 times
    Holding McDonnell Douglas is inapplicable when direct evidence is presented

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

    450 U.S. 728 (1981)   Cited 1,687 times   19 Legal Analyses
    Holding that Fair Labor Standards Act claims may be brought in federal court notwithstanding an arbitration provision in a CBA

  7. Smith v. City of Jackson

    544 U.S. 228 (2005)   Cited 665 times   57 Legal Analyses
    Holding that "when Congress uses the same language in two statutes having similar purposes, particularly when one is enacted shortly after the other, it is appropriate to presume that Congress intended that text to have the same meaning in both statutes."

  8. Lone Star Fund v. Barclays Bank

    594 F.3d 383 (5th Cir. 2010)   Cited 1,962 times
    Holding that a court considering a Rule 12(b) motion is "limited to the complaint, any documents attached to the complaint, and any documents attached to the motion to dismiss that are central to the claim and referenced by the complaint"

  9. Christopher v. Smithkline Beecham Corp.

    567 U.S. 142 (2012)   Cited 349 times   6 Legal Analyses
    Holding that Auer "[d]eference is undoubtedly inappropriate. . . when the agency's interpretation is plainly erroneous or inconsistent with the regulation."

  10. Perez v. Mortg. Bankers Ass'n

    575 U.S. 92 (2015)   Cited 298 times   36 Legal Analyses
    Holding that Paralyzed Veterans of Am. v. D.C. Arena L.P., 117 F.3d 579 (D.C. Cir. 1997), is not consistent with the APA

  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 357,280 times   950 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 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 23,013 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

  13. Section 203 - Definitions

    29 U.S.C. § 203   Cited 6,961 times   280 Legal Analyses
    Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable

  14. Section 255 - Statute of limitations

    29 U.S.C. § 255   Cited 4,637 times   8 Legal Analyses
    Recognizing that not all FLSA wage and overtime claims are willful

  15. Section 202 - Congressional finding and declaration of policy

    29 U.S.C. § 202   Cited 1,134 times   5 Legal Analyses
    Finding that domestic service employees affect commerce