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Kassman v. KPMG LLP

MEMORANDUM OF LAW in Support re: 36 MOTION to Dismiss Certain Claims, Sever All Plaintiffs Claims and Strike All Class Claims as Contained in the Third Amended Complaint.. Document

123 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,028 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 268,776 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. Reeves v. Sanderson Plumbing Prods., Inc.

    530 U.S. 133 (2000)   Cited 21,172 times   22 Legal Analyses
    Holding that, since the 58-year-old plaintiff was fired by his 60-year-old employer, there was an inference that "age discrimination was not the motive"

  4. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,052 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"

  5. Wal-Mart Stores, Inc. v. Dukes

    564 U.S. 338 (2011)   Cited 6,681 times   505 Legal Analyses
    Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”

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

    523 U.S. 83 (1998)   Cited 10,829 times   15 Legal Analyses
    Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits

  7. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.

    528 U.S. 167 (2000)   Cited 7,204 times   25 Legal Analyses
    Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing

  8. Amchem Prods., Inc. v. Windsor

    521 U.S. 591 (1997)   Cited 6,988 times   69 Legal Analyses
    Holding that courts are "bound to enforce" Rule 23's certification requirements, even where it means decertifying a class after they had reached a settlement agreement and submitted it to the court for approval

  9. Summers v. Earth Island Inst.

    555 U.S. 488 (2009)   Cited 3,022 times   12 Legal Analyses
    Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"

  10. Los Angeles v. Lyons

    461 U.S. 95 (1983)   Cited 7,554 times   13 Legal Analyses
    Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold

  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 348,310 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

  12. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 112,046 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  13. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 51,663 times   129 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  14. Section 1981 - Equal rights under the law

    42 U.S.C. § 1981   Cited 38,045 times   247 Legal Analyses
    Granting equal rights to "make and enforce contracts" without regard to race

  15. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,128 times   1237 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  16. Section 2000e-5 - Enforcement provisions

    42 U.S.C. § 2000e-5   Cited 26,970 times   124 Legal Analyses
    Holding charges must be made in writing, under oath, and contain all information as the Commission requires

  17. Rule 20 - Permissive Joinder of Parties

    Fed. R. Civ. P. 20   Cited 11,359 times   22 Legal Analyses
    Granting courts authority to "issue orders-including an order for separate trials."

  18. Section 206 - Minimum wage

    29 U.S.C. § 206   Cited 8,868 times   100 Legal Analyses
    Asking only whether the alleged inequality resulted from “any other factor other than sex”

  19. Rule 21 - Misjoinder and Nonjoinder of Parties

    Fed. R. Civ. P. 21   Cited 7,477 times   14 Legal Analyses
    Granting district courts broad discretion when deciding whether to sever claims or to dismiss improperly joined claims or defendants

  20. Section 296 - [Effective 11/16/2024] Unlawful discriminatory practices

    N.Y. Exec. Law § 296   Cited 4,856 times   25 Legal Analyses
    Prohibiting discrimination because of "sexual orientation, ... sex," etc.