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Hugler v. Devilbiss Landscapr Architects Inc., et al

MOTION to Dismiss for Failure to State a Claim or in the Alternative for Summary Judgment, with Certificate of Service -

18 Cited authorities

  1. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,027 times   33 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

  2. Pension Benefit Guaranty Corp. v. White Consolidated Industries, Inc.

    998 F.2d 1192 (3d Cir. 1993)   Cited 6,160 times
    Holding that, when reviewing a motion to dismiss, courts consider "allegations contained in the complaint, exhibits attached to the complaint and matters of public record"

  3. Farmers Irrigation Co. v. McComb

    337 U.S. 755 (1949)   Cited 144 times   2 Legal Analyses
    In Farmers Reservoir, for example, the Supreme Court concluded that "the physical operation, control and maintenance" of "canals, reservoirs, and headgates" for a company that stored water and distributed it to farms through the company's canals were activities "[c]learly... not done on a farm."

  4. Maneja v. Waialua Agricultural Co.

    349 U.S. 254 (1955)   Cited 81 times
    Holding that railroad workers who transported workers, tools, and sugar cane on a sugar cane plantation were exempt agricultural employees

  5. Adkins v. Mid-American Growers, Inc.

    167 F.3d 355 (7th Cir. 1999)   Cited 15 times
    Holding flower producer's activities are non-exempt as to 2% of plants producer buys and sells, sometimes almost immediately, even though it grows the other 98%

  6. Sariol v. Florida

    490 F.3d 1277 (11th Cir. 2007)   Cited 6 times

    No. 06-11370. July 3, 2007. Jamie H. Zidell, J.H. Zidell, PA, Miami, Beach, FL, for Sariol. Norman Davis, Squire, Sanders Dempsey, LLP, Miami, FL, for Defendants-Appellees. Appeal from the United States District Court for the Southern District of Florida. Before TJOFLAT, FAY and SILER, Circuit Judges. The Honorable Eugene E. Siler, Jr., United States Circuit Judge for the Sixth Circuit, sitting by designation. SILER, Circuit Judge: Armando Sariol appeals from a grant of summary judgment in favor

  7. Solis v. Conley's Nursery Landscaping, Inc.

    641 F. Supp. 2d 1200 (D.N.M. 2009)

    No. CIV 07-0829 JB/LCS. May 11, 2009. Gregory J. Fouratt, United States Attorney, Elizabeth M. Martinez, Assistant United States Attorney, Albuquerque, NM and Carlton Jackson, United States Department of Labor, Dallas, TX, for Plaintiff. Steven K. Sanders, Law Offices of Steven K. Sanders Associates, LLC, Albuquerque, NM, for Defendants. MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Defendants' Motion for Summary Judgment, filed November

  8. Donovan v. Frezzo Bros., Inc.

    678 F.2d 1166 (3d Cir. 1982)   Cited 17 times
    Holding that mushroom compost is not an agricultural commodity within the purview of the AWPA because it is produced by an industrial process, rather than an agricultural process, thereby making it a manufactured product

  9. Brennan v. Sugar Cane Growers Coop., Florida

    486 F.2d 1006 (5th Cir. 1974)   Cited 17 times
    Holding that cooks and attendants who prepared meals and maintained living facilities at a camp for sugar cane plantation workers, which camps were located at or adjacent to the plantations, were within the agricultural exemption

  10. Donovan v. Marrero

    695 F.2d 791 (3d Cir. 1982)   Cited 4 times

    No. 82-1314. Submitted Under Rule 12(6) November 15, 1982. Decided December 27, 1982. T. Timothy Ryan, Jr., Sol. of Labor, Beate Bloch, Associate Sol., Washington, D.C., Marshall H. Harris, Regional Sol., Philadelphia, Pa., Paul E. Myerson, Barbara E. Kahl, U.S. Dept. of Labor, Washington, D.C., for appellee. Joseph E. DeSantis, Terry D. Weiler, DeSantis, Huckabee, Weiler Schmehl, Reading, Pa., for appellant. Appeal from the United States District Court for the Eastern District of Pennsylvania. Before

  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 345,449 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 201 - Short title

    29 U.S.C. § 201   Cited 20,903 times   101 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work

  13. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 19,442 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  14. Section 207 - Maximum hours

    29 U.S.C. § 207   Cited 10,449 times   225 Legal Analyses
    Establishing overtime rules

  15. Section 203 - Definitions

    29 U.S.C. § 203   Cited 6,778 times   274 Legal Analyses
    Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable

  16. Section 213 - Exemptions

    29 U.S.C. § 213   Cited 4,602 times   252 Legal Analyses
    Exempting salaried employees from the FLSA's overtime pay requirement

  17. Section 516.2 - Employees subject to minimum wage or minimum wage and overtime provisions pursuant to section 6 or sections 6 and 7(a) of the Act

    29 C.F.R. § 516.2   Cited 402 times   17 Legal Analyses
    Listing records and information employers must keep