38 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,028 times   280 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 268,776 times   367 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. American Dental Assoc. v. Cigna Corp.

    605 F.3d 1283 (11th Cir. 2010)   Cited 1,584 times
    Holding that the district court properly dismissed plaintiffs' § 1962(c) claims because plaintiffs had not sufficiently pled the acts of mail and wire fraud alleged to form a pattern of racketeering activity
  4. Hipp v. Liberty Nat'l Life Ins.

    252 F.3d 1208 (11th Cir. 2001)   Cited 1,104 times   2 Legal Analyses
    Holding that the continuing violation doctrine did not apply where a plaintiff was aware that he incurred harm at the time each harmful act took place
  5. Gregory v. Ga. Dep't of Human Res.

    355 F.3d 1277 (11th Cir. 2004)   Cited 618 times
    Holding that the plaintiff's "retaliation claim was not administratively barred by her failure to mark the retaliation space on the EEOC template form" because "[t]he facts alleged in her EEOC charge could reasonably have been extended to encompass a claim"
  6. Wilkerson v. Grinnell Corp.

    270 F.3d 1314 (11th Cir. 2001)   Cited 503 times
    Holding that issues not raised in appellant's initial brief on appeal are deemed abandoned
  7. Mulhall v. Advance Sec., Inc.

    19 F.3d 586 (11th Cir. 1994)   Cited 295 times
    Holding that although class titles are a relevant part of the inquiry as to whether two individuals had substantially similar jobs, it is not the end of inquiry
  8. Coutu v. Martin Cty. Bd. of Cty. Com'rs

    47 F.3d 1068 (11th Cir. 1995)   Cited 270 times   1 Legal Analyses
    Holding that written grievance was not statutorily protected activity because plaintiff offered no proof of discrimination to support her conclusory allegations
  9. LaChapelle v. Owens-Illinois, Inc.

    513 F.2d 286 (5th Cir. 1975)   Cited 374 times   1 Legal Analyses
    Holding that because FLSA § 16(b) unambiguously set out an "opt-in" type of class action, plaintiffs under the ADEA could not avail themselves of the "opt-out" type of class action provided for in Fed.R.Civ.P. 23
  10. Hopkins v. Saint Lucie County School Board

    399 F. App'x 563 (11th Cir. 2010)   Cited 126 times
    Finding that administrative complaint filed after adverse employment action cannot support prima facie retaliation 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 348,310 times   930 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 1981 - Equal rights under the law

    42 U.S.C. § 1981   Cited 38,045 times   247 Legal Analyses
    Granting equal rights to "make and enforce contracts" without regard to race
  13. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,128 times   1237 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
  14. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 19,679 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion
  15. Section 621 - Congressional statement of findings and purpose

    29 U.S.C. § 621   Cited 17,496 times   21 Legal Analyses
    Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"
  16. Section 216 - Penalties

    29 U.S.C. § 216   Cited 16,458 times   141 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”
  17. Section 623 - Prohibition of age discrimination

    29 U.S.C. § 623   Cited 10,116 times   51 Legal Analyses
    Holding that under the ADEA, it is unlawful to discriminate against individuals who are at least forty years of age
  18. Section 626 - Recordkeeping, investigation, and enforcement

    29 U.S.C. § 626   Cited 6,061 times   44 Legal Analyses
    Adopting the statute of limitations under the Portal-to-Portal Pay Act, 29 U.S.C. § 255
  19. Section 1601.10 - Withdrawal of a charge by a person claiming to be aggrieved

    29 C.F.R. § 1601.10   Cited 25 times

    A charge filed by or on behalf of a person claiming to be aggrieved may be withdrawn only by the person claiming to be aggrieved and only with the consent of the Commission. The Commission hereby delegates authority to District Directors, Field Directors, Area Directors, Local Directors, the Director of the Office of Field Programs and the Director of Field Management Programs, or their designees, to grant consent to a request to withdraw a charge, other than a Commissioner charge, where the withdrawal