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Ramos-Madrigal et al v. Mendiola Forestry Service, LLC et al

RESPONSE AND BRIEFin Opposition re MOTION to Dismiss The Third Cause of Action of Plaintiffs' Amended Complaint

24 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,691 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 279,746 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. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 65,199 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

  4. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 17,465 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  5. Braden v. Wal-Mart Stores

    588 F.3d 585 (8th Cir. 2009)   Cited 1,957 times   6 Legal Analyses
    Holding fiduciary had duty to disclose "complete and accurate material information about the Plan funds and the process by which they were selected"

  6. Becker v. University of Nebraska

    191 F.3d 904 (8th Cir. 1999)   Cited 270 times
    Holding the plaintiff's ADEA claim against the University of Nebraska is barred by the Eleventh Amendment

  7. In re K-Tel Intern. Securities Litigation

    300 F.3d 881 (8th Cir. 2002)   Cited 217 times
    Holding that "general allegations of a desire to increase stock prices, increase officer compensation or maintain continued employment are too generalized and are insufficient" to establish scienter

  8. Ritchie v. St. Louis Jewish Light

    630 F.3d 713 (8th Cir. 2011)   Cited 119 times   1 Legal Analyses
    Holding that dismissal of an action was appropriate when the "complaint merely alleged, but did not show, that [plaintiff] is entitled to relief" and required the court to "infer more than the mere possibility of misconduct."

  9. U.S. v. Calimlim

    538 F.3d 706 (7th Cir. 2008)   Cited 79 times
    Holding that § 1589 contains a "second scienter requirement" because it requires a "scheme ... intended to cause a person to believe ..."

  10. Brown v. Wallace

    957 F.2d 564 (8th Cir. 1992)   Cited 110 times
    Holding that defendants could not be found directly responsible merely because of their supervisory roles

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,831 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 94,788 times   92 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 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,943 times   71 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  14. Section 1589 - Forced labor

    18 U.S.C. § 1589   Cited 756 times   15 Legal Analyses
    Defining "serious harm" as that which would compel a "reasonable person" to perform or continue performing labor to avoid incurring such harm

  15. Section 1595 - Civil remedy

    18 U.S.C. § 1595   Cited 714 times   13 Legal Analyses
    Authorizing private plaintiffs to "recover damages" but not speaking to injunctive relief

  16. Section 1357 - Powers of immigration officers and employees

    8 U.S.C. § 1357   Cited 669 times   8 Legal Analyses
    Granting immigration enforcement authority to state or local government officials in a formal agreement with a state or local government.

  17. Section 1590 - Trafficking with respect to peonage, slavery, involuntary servitude, or forced labor

    18 U.S.C. § 1590   Cited 241 times   3 Legal Analyses
    Prohibiting "transport[ing] ... any person for labor or services in violation of this chapter"

  18. Section 1304 - Forms for registration and fingerprinting

    8 U.S.C. § 1304   Cited 126 times
    Requiring legal aliens above 18 years of age to carry green card at all times

  19. Section 1592 - Unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor

    18 U.S.C. § 1592   Cited 108 times   1 Legal Analyses
    Attempting to curb this common practice by imposing penalties on traffickers who knowingly possess, remove, conceal, confiscate, or destroy a victim's passport, immigration document, or other official identification

  20. Section 264.1 - Registration and fingerprinting

    8 C.F.R. § 264.1   Cited 36 times   2 Legal Analyses
    Enabling regulation for the NSEERS program

  21. Section 655.35 - Amendments to an application or job order

    20 C.F.R. § 655.35   Cited 2 times

    (a)Increases in number of workers. The employer may request to increase the number of workers noted in the H-2B Registration by no more than 20 percent (50 percent for employers requesting fewer than 10 workers). All requests for increasing the number of workers must be made in writing and will not be effective until approved by the CO. In considering whether to approve the request, the CO will determine whether the proposed amendment(s) are sufficiently justified and must take into account the effect

  22. Section 655.34 - Electronic job registry

    20 C.F.R. § 655.34   Cited 2 times

    (a)Location of and placement in the electronic job registry. Upon acceptance of the Application for Temporary Employment Certification under § 655.33 , the CO will place for public examination a copy of the job order posted by the SWA on the Department's electronic job registry, including any amendments or required modifications approved by the CO. (b)Length of posting on electronic job registry. The Department of Labor will keep the job order posted on the electronic job registry until the end of