§Why CasetextPricing

Longnecker et al v. American Express Company et al

MOTION to Dismiss Counts/Claims :

18 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,709 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 266,625 times   365 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 16,822 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  4. Colson v. Avnet, Inc.

    687 F. Supp. 2d 914 (D. Ariz. 2010)   Cited 109 times
    Denying conditional certification and noting that "[a]s a matter of both sound public policy and basic common sense, the mere classification of a group of employees - even a large or nationwide group - as exempt under the FLSA is not by itself sufficient to constitute the necessary evidence of a common policy, plan, or practice that renders all putative class members as 'similarly situated' for § 216(b) purposes."

  5. Zhong v. August August Corp.

    498 F. Supp. 2d 625 (S.D.N.Y. 2007)   Cited 116 times
    Holding that where plaintiff indicated the number of hours worked per week, the wage plaintiff was earning, and the total number of weeks plaintiff worked sufficiently alleged damages in an FLSA claim

  6. Hoffman v. Cemex, Inc.

    CIVIL ACTION NO. H-09-3144 (S.D. Tex. Dec. 8, 2009)   Cited 43 times
    Holding that plaintiffs met pleading standard by alleging "they were classified as nonexempt, that they regularly worked more than 40 hours per workweek, and that they were not paid time-and-a-half for those overtime hours."

  7. Dyer v. Lara's Trucks, Inc.

    CIVIL ACTION FILE NO. 1:12-CV-1785-TWT (N.D. Ga. Feb. 19, 2013)   Cited 26 times
    Finding the plaintiff's class of employees "similarly situated in terms of job duties, pay, and compensation" inadequate

  8. Brown v. North Cent. F.S., Inc.

    987 F. Supp. 1150 (N.D. Iowa 1997)   Cited 44 times
    Holding that specific facts showing fraud must be set forth in the complaint, not in a brief

  9. Pickering v. Lorillard Tobacco Co., Inc.

    CASE NO. 2:10-CV-633-WKW[WO] (M.D. Ala. Jan. 13, 2011)   Cited 16 times
    Finding that a class of "sales representatives" who were "similarly situated to" the plaintiff was insufficient to meet the 12(b) standard because the complaint contained no factual basis to plausibly assert that the plaintiff and other employees were in fact similarly situated

  10. St. Croix v. Genentech, Inc.

    Case No. 8:12-cv-891-T-33EAJ (M.D. Fla. Jun. 22, 2012)   Cited 14 times
    Finding that a class of "numerous individuals who were similarly situated" was insufficient where there were no allegations concerning the job duties or pay provisions of those employees

  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 345,885 times   922 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 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,531 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  13. Section 216 - Penalties

    29 U.S.C. § 216   Cited 16,366 times   140 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”