§Why CasetextPricing

International Union of Operating Engineers Local 370 v. Wasden

MEMORANDUM DECISION AND ORDER finding as moot 11 Motion to Dismiss; granting 16 Motion to Dismiss for Failure to State a Claim. Signed

76 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,203 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 268,949 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. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,067 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  4. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 10,832 times   15 Legal Analyses
    Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits

  5. Whitmore v. Arkansas

    495 U.S. 149 (1990)   Cited 2,867 times   16 Legal Analyses
    Holding that a third party does not have "standing to challenge the validity of a death sentence imposed on a capital defendant who has elected to forgo his right of appeal"

  6. Lee v. City of L.A.

    250 F.3d 668 (9th Cir. 2001)   Cited 10,672 times   5 Legal Analyses
    Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"

  7. Owen Equipment Erection Co. v. Kroger

    437 U.S. 365 (1978)   Cited 4,083 times
    Holding no diversity jurisdiction over claim by plaintiff against third-party defendant because both were Iowa citizens

  8. Simon v. E. Ky. Welfare Rights Org.

    426 U.S. 26 (1976)   Cited 3,195 times   6 Legal Analyses
    Holding plaintiffs who sued IRS lacked standing where they hoped reversal of IRS rule would " ‘discourage’ hospitals from denying their services to" plaintiffs, but whether hospitals had denied services based on the existing rule remained unclear and, even if the rule were reversed, hospitals would remain free to not provide services to plaintiffs

  9. Safe Air for Everyone v. Meyer

    373 F.3d 1035 (9th Cir. 2004)   Cited 3,269 times   1 Legal Analyses
    Holding residue generated from the cultivation of bluegrass was not discarded because, among other things, it was reused "in a continuous process of growing and harvesting Kentucky bluegrass seeds, the generating industry"

  10. San Diego Unions v. Garmon

    359 U.S. 236 (1959)   Cited 2,547 times   33 Legal Analyses
    Holding that "the States as well as the federal court must defer to the exclusive competence of the National Labor Relations Board" if "an activity is arguably subject to § 7 or § 8 of the [NLRA]"

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 490,314 times   695 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. 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 348,503 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

  13. Section 158 - Unfair labor practices

    29 U.S.C. § 158   Cited 10,277 times   82 Legal Analyses
    Granting employees a wage increase without bargaining with Local 355

  14. Section 151 - Findings and declaration of policy

    29 U.S.C. § 151   Cited 5,068 times   33 Legal Analyses
    Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"

  15. Section 159 - Representatives and elections

    29 U.S.C. § 159   Cited 2,417 times   12 Legal Analyses
    Granting a bargaining unit the exclusive right to represent employees in it

  16. Section 164 - Construction of provisions

    29 U.S.C. § 164   Cited 429 times   6 Legal Analyses
    Providing that federal law does not authorize union security clauses in right-to-work states

  17. Section 48-217 - Labor organizations; membership or nonmembership; prohibited acts

    Neb. Rev. Stat. § 48-217   Cited 12 times
    Making operative constitutional provisions against conditioning employment upon, inter alia, membership in or affiliation with a labor organization or payment of a fee to a labor organization

  18. Section 111.04 - Rights of employees

    Wis. Stat. § 111.04   Cited 12 times   1 Legal Analyses
    Stipulating that employment may not be conditioned upon membership in a labor organization or the payment of any dues, fees, or other charges to labor organization

  19. Section 40.1-62 - Employer not to require payment of union dues, etc

    Va. Code § 40.1-62   Cited 8 times
    Prohibiting employers from conditioning employment upon employee's payment of dues, fees, or other charges to a labor organization

  20. Section 11-3-303 - Union affiliation or nonaffiliation not to be condition of employment

    Ark. Code § 11-3-303   Cited 6 times
    Proscribing denial of employment based upon membership in, affiliation with, nonmembership in, or non-affiliation with a labor organization; also proscribing compelled dues or other monetary consideration to a labor organization