§Why CasetextPricing

Garcia et al v. Mascott Corporation et al

BRIEF in Opposition

9 Cited authorities

  1. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 16,742 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  2. Pinker v. Roche Holdings Ltd.

    292 F.3d 361 (3d Cir. 2002)   Cited 2,313 times
    Holding that in ruling on a Rule 12(b) motion we must accept all of the plaintiff's allegations as true and construct disputed facts in favor of the plaintiff.

  3. Wilson v. Wal-Mart Stores

    158 N.J. 263 (N.J. 1999)   Cited 119 times
    Holding NJLAD's election of remedies provision did not bar plaintiff's suit where the DCR had not ruled on and was not actively investigating the plaintiff's charge of discrimination

  4. Hernandez v. Region Nine Housing Corp.

    146 N.J. 645 (N.J. 1996)   Cited 96 times
    Holding that adverse EEOC determination on Title VII charges did not prevent plaintiff from filing NJLAD claim based on same facts

  5. Roman v. Waste Management of New Jersey

    Civil Action No. 10-4337 (JAP) (D.N.J. May. 12, 2011)   Cited 8 times
    Barring plaintiff from asserting claims of disparate impact and retaliation where plaintiff "did not include in his EEOC charge anything to suggest his claims for disparate impact or retaliation."

  6. 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 344,310 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  7. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,116 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  8. Section 10:5-12 - Unlawful employment practices, discrimination

    N.J. Stat. § 10:5-12   Cited 1,253 times   25 Legal Analyses
    Prohibiting discrimination because of "sexual orientation, ... sex," etc.

  9. Section 10:5-27 - Construction of act; other laws not affected; exception; other remedies

    N.J. Stat. § 10:5-27   Cited 76 times
    Stating DCR decision "shall exclude any other [civil] action . . . based on the same grievance of the individual concerned"