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Hernandez et al v. Dedicated Tcs, Llc, et al

MOTION to Dismiss for Failure to State a Claim Pursuant to Federal Rule of Civil Procedure 12

28 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,625 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' "

  2. Shady Grove Orthopedic v. Allstate Ins. Co.

    559 U.S. 393 (2010)   Cited 1,155 times   44 Legal Analyses
    Holding that rules of civil procedure allowing multiple claims to be litigated together "neither change plaintiffs' separate entitlements to relief nor abridge defendants' rights; they alter only how the claims are processed"

  3. Hanna v. Plumer

    380 U.S. 460 (1965)   Cited 3,174 times   11 Legal Analyses
    Holding that in diversity cases, federal courts should apply any on-point Federal Rule of Civil Procedure, unless it directly conflicts with state law and violates either the Constitution or the Rules Enabling Act, 28 U.S.C. § 2072

  4. Bazley v. Tortorich

    397 So. 2d 475 (La. 1981)   Cited 547 times
    Finding no violation where employee was denied right to sue in tort under worker's compensation statute

  5. Torch Liquidating v. Stockstill

    561 F.3d 377 (5th Cir. 2009)   Cited 204 times
    Holding that "dismissal is proper if the complaint lacks an allegation regarding a required element necessary to obtain relief"

  6. Reeves v. Structural Preservation Sys.

    731 So. 2d 208 (La. 1999)   Cited 172 times   3 Legal Analyses
    Holding that it was not an intentional act for an employer to direct an employee to manually move a 350 to 400-pound sandblasting pot although this procedure was prohibited by OSHA regulations and notwithstanding that the employee's supervisor had specifically requested a forklift from the employer

  7. Caudle v. Betts

    512 So. 2d 389 (La. 1987)   Cited 212 times
    Holding that liability in battery extends to consequences which the defendant did not intend or even reasonably foresaw

  8. McGregor v. Industrial Excess Landfill, Inc.

    856 F.2d 39 (6th Cir. 1988)   Cited 107 times
    Affirming 12(b) dismissal of CERCLA claim where plaintiffs failed to sufficiently allege cognizable response costs

  9. Jasmin v. HNV Central Riverfront Corp.

    642 So. 2d 311 (La. Ct. App. 1994)   Cited 49 times

    No. 94-C-1497. August 30, 1994. APPEAL FROM CIVIL DISTRICT COURT, PARISH OF ORLEANS, STATE OF LOUISIANA, HONORABLE LOUIS A. DIROSA, J. John S. Keller, New Orleans, for respondent James Louis Jasmin. G. Bruce Parkerson, George B. Hall, Jr., William D. Aaron, Jr., Patricia A. Lynch, and Phelps Dunbar, New Orleans, for relator Golding and Companies. Before SCHOTT, C.J., and WARD and LANDRIEU, JJ. LANDRIEU, Judge. The relator, Golding and Companies, is the excess insurer of HNV Central Riverfront Corporation

  10. In re Pool Prods. Distribution Mkt. Antitrust Litig.

    988 F. Supp. 2d 696 (E.D. La. 2013)   Cited 16 times
    Listing "involvement in other conspiracies" as potential plus factor

  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 345,885 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. Section 23:1032 - Exclusiveness of rights and remedies; employer's liability to prosecution under other laws

    La. Stat. tit. 23 § 1032   Cited 1,296 times   2 Legal Analyses
    Limiting rights and remedies against employers "or any principal."