§Why CasetextPricing

Hukman v. US Airways/American Airlines et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

25 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,573 times   280 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 269,308 times   367 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' "

  3. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 16,962 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  4. Buck v. Hampton Tp. Sch. Dist

    452 F.3d 256 (3d Cir. 2006)   Cited 1,583 times   1 Legal Analyses
    Holding that in analyzing a motion to dismiss, the court may consider documents “attached to or submitted with the complaint, and any matters incorporated by reference or integral to the claim, items subject to judicial notice, matters of public record, orders, items appearing in the record of the case.”

  5. Umland v. Planco Financial

    542 F.3d 59 (3d Cir. 2008)   Cited 995 times
    Holding that plaintiff could not bring common-law contract claim where the alleged implied contractual term reflected the provisions of the Federal Insurance Contributions Act, which did not provide a private right of action

  6. Maio v. Aetna, Inc.

    221 F.3d 472 (3d Cir. 2000)   Cited 1,116 times
    Holding no RICO cause of action because factual predicate necessary for damages to be incurred at all too speculative

  7. Sheridan v. E.I. DuPont de Nemours & Co.

    100 F.3d 1061 (3d Cir. 1996)   Cited 1,078 times
    Holding that a new trial should be granted only where the "great weight" of the evidence cuts against the verdict and "where a miscarriage of justice would result if the verdict were to stand."

  8. Kachmar v. Sungard Data Systems, Inc.

    109 F.3d 173 (3d Cir. 1997)   Cited 922 times
    Holding that Congress did not intend to hold individual employees liable under Title VII, which is parallel to the ADEA in many ways

  9. Antol v. Perry

    82 F.3d 1291 (3d Cir. 1996)   Cited 613 times
    Holding that the investigation "quite properly" focused on Antol's disability discrimination claim

  10. Atkinson v. Lafayette College

    460 F.3d 447 (3d Cir. 2006)   Cited 377 times   1 Legal Analyses
    Holding claims under PHRA are interpreted coextensively with those arising under Title VII

  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 348,893 times   931 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,818 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 109,717 times   197 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"

  14. Section 2000e-5 - Enforcement provisions

    42 U.S.C. § 2000e-5   Cited 26,984 times   124 Legal Analyses
    Holding charges must be made in writing, under oath, and contain all information as the Commission requires

  15. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 19,716 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion