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Houston v. Shirley Kirkland et al

MOTION to Dismiss for Lack of Jurisdiction

6 Cited authorities

  1. Kern v. City of Rochester, Fire Department

    93 F.3d 38 (2d Cir. 1996)   Cited 364 times
    Holding that a defendant who sexually harassed and assaulted his secretary did not do so under color of state law even though the relevant events occurred in an office where the defendant regularly conducted city business and while he was a city employee

  2. Herman v. United Broth. of Carpenters

    60 F.3d 1375 (9th Cir. 1995)   Cited 78 times
    Holding that, under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq., which contains definitions of "employer" and "labor organization" that are virtually identical to those in Title VII, a plaintiff who sues a union in its capacity as an employer must demonstrate that the union meets the statutory definition of employer

  3. Chavero v. L. 241, Div. of the Amalgam. Tran

    787 F.2d 1154 (7th Cir. 1986)   Cited 54 times
    Holding that members of the board of directors are not employees unless they "perform traditional employee duties"

  4. 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

  5. Section 621 - Congressional statement of findings and purpose

    29 U.S.C. § 621   Cited 17,496 times   21 Legal Analyses
    Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"

  6. Section 623 - Prohibition of age discrimination

    29 U.S.C. § 623   Cited 10,116 times   51 Legal Analyses
    Holding that under the ADEA, it is unlawful to discriminate against individuals who are at least forty years of age