§Why CasetextPricing

Parker v. Thomas & Betts Corporation et al

MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Amended Complaint

42 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,896 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 279,933 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. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 17,351 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

  4. Faragher v. Boca Raton

    524 U.S. 775 (1998)   Cited 9,498 times   101 Legal Analyses
    Holding that, to be actionable, the alleged conduct "must be extreme" and "the sporadic use of abusive language, gender-related jokes, and occasional teasing" are not enough

  5. Coleman v. Court of Appeals of Maryland

    566 U.S. 30 (2012)   Cited 1,341 times   4 Legal Analyses
    Holding that there was an insufficient nexus "between self-care leave and gender discrimination by state employers" to validly abrogate state sovereign immunity

  6. Coleman v. Md. Court of Appeals

    626 F.3d 187 (4th Cir. 2010)   Cited 2,382 times   3 Legal Analyses
    Holding that an African-American plaintiff's statement that he "was treated differently as a result of his race than whites" was too conclusory to state a claim of discrimination in the employment context

  7. Beaudett v. City of Hampton

    775 F.2d 1274 (4th Cir. 1985)   Cited 7,240 times
    Holding that appellate courts should not permit "fleeting references to preserve questions on appeal"

  8. Evans v. Techs. Applications Serv.

    80 F.3d 954 (4th Cir. 1996)   Cited 3,283 times   1 Legal Analyses
    Holding that the plaintiff's age discrimination claim did not relate back to the originally filed charge of sex discrimination

  9. Bass v. E.I. Dupont de Nemours & Co.

    324 F.3d 761 (4th Cir. 2003)   Cited 2,369 times   1 Legal Analyses
    Holding that conclusory allegations that the employer discriminated against the plaintiff "because of her race and sex" were not sufficient to allege a claim when the facts of the complaint did not support the conclusory allegation

  10. Jones v. Calvert Group, Ltd.

    551 F.3d 297 (4th Cir. 2009)   Cited 985 times   7 Legal Analyses
    Holding that a plaintiff's failure to exhaust his administrative remedies on an ADEA claim will deprive federal courts of subject matter jurisdiction over the claim

  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 361,619 times   960 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 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 337,084 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,952 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  14. Section 2000e-3 - Other unlawful employment practices

    42 U.S.C. § 2000e-3   Cited 14,872 times   44 Legal Analyses
    Prohibiting retaliation against employees who "oppos[e] any [unlawful] practice"