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Pendelton et al v. Jevs Human Services, Inc. et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

78 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 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 273,590 times   368 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. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,340 times   4 Legal Analyses
    Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"

  4. Pilot Life Ins. Co. v. Dedeaux

    481 U.S. 41 (1987)   Cited 3,723 times   11 Legal Analyses
    Holding that civil enforcement scheme codified at § 502 is not to be supplemented by state law remedies

  5. Varity Corp. v. Howe

    516 U.S. 489 (1996)   Cited 2,399 times   33 Legal Analyses
    Holding that ERISA fiduciaries may have duties to disclose information about plan prospects that they have no duty, or even power, to change

  6. Ingersoll-Rand Co. v. McClendon

    498 U.S. 133 (1990)   Cited 1,891 times   5 Legal Analyses
    Holding that "[e]ven if there were no express pre-emption [under ERISA § 514(a)]" of the cause of action in that case, it "would be preempted because it conflict[ed] directly with an ERISA cause of action"

  7. Ware v. Rodale Press, Inc.

    322 F.3d 218 (3d Cir. 2003)   Cited 1,277 times
    Holding that "irremediable harm" is not required

  8. Grant v. Greate Bay Casino Corp.

    232 F.3d 173 (3d Cir. 2000)   Cited 504 times
    Holding lost speculative opportunity in blackjack is not an injury to business or property

  9. Weldon v. Kraft, Inc.

    896 F.2d 793 (3d Cir. 1990)   Cited 541 times
    Holding plaintiff must show "others not in the protected class were treated more favorably"

  10. Storey v. Burns Intern. Sec. Servs.

    390 F.3d 760 (3d Cir. 2004)   Cited 328 times   3 Legal Analyses
    Affirming dismissal for failure to state a claim of discrimination on the basis of religion and national origin in violation of Title VII

  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 354,229 times   943 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1981 - Equal rights under the law

    42 U.S.C. § 1981   Cited 38,401 times   254 Legal Analyses
    Granting equal rights to "make and enforce contracts" without regard to race

  14. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,548 times   173 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  15. Section 1002 - Definitions

    29 U.S.C. § 1002   Cited 11,139 times   60 Legal Analyses
    Holding that ERISA is a federal law that sets standards of protection for individuals in most voluntarily established, private-sector retirement plans

  16. Section 1144 - Other laws

    29 U.S.C. § 1144   Cited 7,020 times   53 Legal Analyses
    Saving clause

  17. Section 5525 - Four year limitation

    42 Pa. C.S. § 5525   Cited 458 times   1 Legal Analyses
    Setting out a four year statute of limitations for contract actions in Pennsylvania

  18. Section 260.1 - Short title

    43 Pa. Stat. § 260.1   Cited 216 times   1 Legal Analyses

    This act shall be known and may be cited as the "Wage Payment and Collection Law." 43 P.S. § 260.1 1961, July 14, P.L. 637, § 1, effective in 30 days.

  19. Section 260.3 - Regular payday

    43 Pa. Stat. § 260.3   Cited 43 times   3 Legal Analyses

    (a) Wages other than fringe benefits and wage supplements. Every employer shall pay all wages, other than fringe benefits and wage supplements, due to his employes on regular paydays designated in advance by the employer. Overtime wages may be considered as wages earned and payable in the next succeeding pay period. All wages, other than fringe benefits and wage supplements, earned in any pay period shall be due and payable within the number of days after the expiration of said pay period as provided

  20. Rule 1021 - Claim for Relief. Determination of Amount in Controversy

    231 Pa. Code § 1021   Cited 72 times

    (a) Any pleading demanding relief shall specify the relief sought. Relief in the alternative or of several different types, including an accounting, may be demanded. (b) Any pleading demanding relief for unliquidated damages shall not claim any specific sum. (c) In counties having rules governing compulsory arbitration the plaintiff shall state whether the amount claimed does or does not exceed the jurisdictional amount requiring arbitration referral by local rule. (d) The court on its own motion

  21. Appendix A - Reserved

    55 Pa. Code 6400 app A   Cited 1 times

    55 Pa. Code 6400 app A The provisions of this Appendix A adopted December 9, 1988, effective 1/1/1989, 18 Pa.B. 5497; reserved August 9, 1991, effective 11/8/1991, 21 Pa.B. 3595.

  22. Section 6500.4 - Definitions

    55 Pa. Code § 6500.4   Cited 1 times

    The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Agency-A person or legally constituted organization administering one or more life sharing homes. Autism-A developmental disorder defined by the edition of the Diagnostic and Statistical Manual of Mental Disorders, or its successor, in effect at the time the diagnosis is made. The term includes autistic disorder, Asperger's disorder and autism spectrum disorder. Department-The

  23. Section 6400.4 - Definitions

    55 Pa. Code § 6400.4

    The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Agency-A person or legally constituted organization operating one or more community homes for people with an intellectual disability or autism serving eight or fewer individuals. Autism-A developmental disorder defined by the edition of the Diagnostic and Statistical Manual of Mental Disorders, or its successor, in effect at the time the diagnosis is made. The term

  24. Section 6500.1 - Introduction

    55 Pa. Code § 6500.1

    Life sharing is based on the importance of enduring and permanent relationships as the foundation for learning life skills, developing self-esteem and learning to exist in interdependence with others; the opportunity for each individual with an intellectual disability or autism to grow and develop to their fullest potential; the provision of individualized attention based on the needs of the individual with an intellectual disability or autism; and the participation of the individual with an intellectual