Busby v. City of Orlando
931 F.2d 764 (11th Cir. 1991) Cited 1,353 times 1 Legal AnalysesHolding that "relief granted under Title VII is against the employer, not individual employees whose actions constituted a violation of [Title VII]"
Hinson v. Clinch Cty., Geor. Bd. of Educ
231 F.3d 821 (11th Cir. 2000) Cited 350 timesHolding that the plaintiff successfully challenged the believability of the defendants' stated reasons for transferring her by explaining in detail that the provided reasons were inconsistent and obviously irrational
Dearth v. Collins
441 F.3d 931 (11th Cir. 2006) Cited 187 timesHolding that Busby applies to all employers, both public and private
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 354,767 times 943 Legal AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 160,541 times 196 Legal AnalysesHolding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 71,510 times 127 Legal AnalysesHolding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Rule 10 - Form of Pleadings
Fed. R. Civ. P. 10 Cited 20,094 times 10 Legal AnalysesHolding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion