§Why CasetextPricing

Kris Kenny v. Wal-Mart Stores, Inc. et al

NOTICE OF MOTION AND MOTION to Dismiss Case

79 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,100 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,127 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Moss v. U.S. Secret Service

    572 F.3d 962 (9th Cir. 2009)   Cited 8,959 times
    Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion

  4. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,530 times   5 Legal Analyses
    Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"

  5. Whittlestone, Inc. v. Handi-Craft Co.

    618 F.3d 970 (9th Cir. 2010)   Cited 1,387 times   3 Legal Analyses
    Holding that a motion to dismiss under Rule 12(b) is the appropriate means of disposing of an improper claim for relief

  6. Yanowitz v. L'Oreal USA Inc.

    36 Cal.4th 1028 (Cal. 2005)   Cited 1,584 times   11 Legal Analyses
    Holding that to establish a "protected activity," an "employee's communications to the employer [must] sufficiently convey the employee's reasonable concerns that the employer has acted or is acting in an unlawful discriminatory manner."

  7. Western Min. Council v. Watt

    643 F.2d 618 (9th Cir. 1981)   Cited 2,953 times
    Holding the Court should not "assume the truth of legal conclusions merely because they are cast in the form of factual allegations"

  8. Fantasy, Inc. v. Fogerty

    984 F.2d 1524 (9th Cir. 1993)   Cited 1,396 times   1 Legal Analyses
    Holding that the district court properly struck lengthy, stale and previously litigated factual allegations to streamline the action

  9. Bank of the West v. Superior Court

    2 Cal.4th 1254 (Cal. 1992)   Cited 1,407 times   8 Legal Analyses
    Holding that policy terms must be read in their "ordinary and popular sense"

  10. IN RE STAC ELECTRONICS SECURITIES LITIGATION

    89 F.3d 1399 (9th Cir. 1996)   Cited 825 times
    Holding securities section 11 claims sounding in fraud are subject to Rule 9(b) particularity requirements

  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 361,853 times   961 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 81 - Applicability of the Rules in General; Removed Actions

    Fed. R. Civ. P. 81   Cited 3,851 times   6 Legal Analyses
    Recognizing that the Federal Rules of Civil Procedure "apply to proceedings for habeas corpus . . . to the extent that the practice in those proceedings: is not specified in a federal statute, the Rules Governing Section 2254 Cases, or the Rules Governing Section 2255 Cases; and (B) has previously conformed to the practice in civil actions."

  13. Section 3294 - When damages recoverable for sake of example and by way of punishment; employer liability for acts of employee; death from homicide

    Cal. Civ. Code § 3294   Cited 2,873 times   11 Legal Analyses
    Stating plaintiff may recover punitive damages "in addition to the actual damages"

  14. Section 11065 - Definitions

    Cal. Code Regs. tit. 2 § 11065   Cited 71 times   7 Legal Analyses
    Defining essential and marginal functions

  15. Section 7293.6 - Definitions. [Renumbered]

    Cal. Code Regs. tit. 2 § 7293.6   Cited 15 times   1 Legal Analyses

    Cal. Code Regs. Tit. 2, § 7293.6 1. Repealer and new section filed 6-20-80 as an emergency; effective upon filing. Certificate of Compliance included (Register 80, No. 25). 2. Change without regulatory effect repealing former subsection (f) which defined the term "health impairment which requires special education or related services" by including citations to definitions of "physically handicapped" contained in Education Code Sections 1850, 56700, 56701, 78701 and 78702 because the cross referenced

  16. Section 11071 - Medical and Psychological Examinations and Inquiries

    Cal. Code Regs. tit. 2 § 11071   Cited 2 times   1 Legal Analyses

    (a) Pre-offer. It is unlawful for an employer or other covered entity to conduct a medical or psychological examination or inquiries of an applicant before an offer of employment is extended to that applicant. A medical or psychological examination includes a procedure or test that seeks information about an individual's physical or mental conditions or health but does not include testing for current illegal drug use. (b) Post-Offer. An employer or other covered entity may condition a bona fide offer