§Why CasetextPricing

Kayler et al v. Rescue Rangers Llc

MOTION to Dismiss for Lack of Jurisdiction

15 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,597 times   279 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 265,563 times   364 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. Francis v. Giacomelli

    588 F.3d 186 (4th Cir. 2009)   Cited 3,893 times
    Holding that the defendant was entitled to qualified immunity since "his actions were not clearly unlawful when performed"

  4. Kerns v. U.S.

    585 F.3d 187 (4th Cir. 2009)   Cited 1,358 times
    Holding that “when the defendant challenges the veracity of the facts underpinning subject matter jurisdiction, the trial court may go beyond the complaint, conduct evidentiary proceedings, and resolve the disputed jurisdictional facts,” and “when the jurisdictional facts are inextricably intertwined with those central to the merits, the court should resolve the relevant factual disputes only after appropriate discovery”

  5. Evans v. B.F. Perkins Company

    166 F.3d 642 (4th Cir. 1999)   Cited 1,671 times
    Holding that when a defendant challenges subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b), the court may consider evidence outside the pleadings without converting the proceeding to one for summary judgment

  6. Adams v. Bain

    697 F.2d 1213 (4th Cir. 1982)   Cited 2,311 times
    Holding that "where the jurisdictional facts are intertwined with the facts central to the merits of the dispute, . . . the entire factual dispute is appropriately resolved only by a proceeding on the merits" and it is inappropriate to dismiss the case for lack of subject-matter jurisdiction

  7. Miller v. Brown

    462 F.3d 312 (4th Cir. 2006)   Cited 441 times
    Holding that a pre-enforcement First Amendment challenge to Virginia's open primary law "presents a purely legal question" and is thus "fit for review"

  8. United States v. Silk

    331 U.S. 704 (1947)   Cited 531 times   17 Legal Analyses
    Holding that truck drivers who owned their own trucks and hired their own helpers were "small businessmen" who were properly classified as independent contractors

  9. Schultz v. Capital Intern. Sec., Inc.

    466 F.3d 298 (4th Cir. 2006)   Cited 246 times   1 Legal Analyses
    Holding that a Saudi prince jointly employed the person who guarded him, along with the security firm that employed and provided the guard

  10. CGM, LLC v. Bellsouth Telecomms., Inc.

    664 F.3d 46 (4th Cir. 2011)   Cited 193 times
    Discussing "statutory standing" generally

  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 344,659 times   920 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 20,878 times   100 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work

  13. Section 207 - Maximum hours

    29 U.S.C. § 207   Cited 10,431 times   224 Legal Analyses
    Establishing overtime rules

  14. Section 203 - Definitions

    29 U.S.C. § 203   Cited 6,767 times   273 Legal Analyses
    Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable