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Rittmann et al v. Amazon.Com Inc et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, TO COMPEL THE CLAIMS OF PLAINTIFF LAWSON TO ARBITRATION AND TO EXCLUDE PUTATIVE ABSENT CLASS MEMBERS WHO AGREED TO ARBITRATE

70 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,813 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 280,791 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. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 29,335 times   144 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  4. AT&T Mobility LLC v. Concepcion

    563 U.S. 333 (2011)   Cited 3,974 times   605 Legal Analyses
    Holding that a ban on collective-action waivers in those contracts worked to "disfavor arbitration"

  5. Am. Express Co. v. Italian Colors Rest.

    570 U.S. 228 (2013)   Cited 698 times   32 Legal Analyses
    Holding that a class waiver in an arbitration agreement is enforceable under the FAA even when a plaintiff shows that the waiver will prevent her from vindicating her statutory rights

  6. Preston v. Ferrer

    552 U.S. 346 (2008)   Cited 598 times   18 Legal Analyses
    Holding that the FAA preempted a California law giving a state agency primary jurisdiction over a dispute involving the California Talent Agency Act despite the parties' agreement to arbitrate such disputes

  7. Lorillard v. Pons

    434 U.S. 575 (1978)   Cited 1,133 times   4 Legal Analyses
    Holding that the presumption of legislative ratification attaches where there is “an administrative or judicial interpretation of a statute,” and Congress “re-enacts statute without change”

  8. Keenan v. Allan

    91 F.3d 1275 (9th Cir. 1996)   Cited 2,212 times
    Holding that it is not the district court's role “to scour the record in search of a genuine issue of triable fact”

  9. Vasquez v. Los Angeles

    487 F.3d 1246 (9th Cir. 2007)   Cited 971 times
    Holding that county's removal of the image of the cross from its official seal in order "to avoid a potential Establishment Clause violation [had a] valid secular purpose under Lemon"

  10. Chemical Workers v. Pittsburgh Glass

    404 U.S. 157 (1971)   Cited 631 times   7 Legal Analyses
    Holding retirees are not "employees" within the bargaining unit

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,455 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 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 36,300 times   1254 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"

  13. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,446 times   316 Legal Analyses
    Prohibiting unlawful business practices

  14. Section 2 - Validity, irrevocability, and enforcement of agreements to arbitrate

    9 U.S.C. § 2   Cited 11,356 times   121 Legal Analyses
    Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"

  15. Section 4 - Failure to arbitrate under agreement; petition to United States court having jurisdiction for order to compel arbitration; notice and service thereof; hearing and determination

    9 U.S.C. § 4   Cited 6,673 times   33 Legal Analyses
    Granting authority to federal courts to compel party to participate in arbitration where a valid arbitration agreement exists

  16. Section 152 - Definitions

    29 U.S.C. § 152   Cited 3,215 times   27 Legal Analyses
    Defining a supervisor to include “any individual having authority . . . to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment”

  17. Section 226 - Itemized statement of wages

    Cal. Lab. Code § 226   Cited 2,357 times   127 Legal Analyses
    Providing only statutory penalties

  18. Section 201 - Computation and payment of wages upon discharge

    Cal. Lab. Code § 201   Cited 1,840 times   21 Legal Analyses
    Providing that, "[i]f an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately"

  19. Section 1194 - Recovery by employee in civil action regardless of agreement to receive lesser wage

    Cal. Lab. Code § 1194   Cited 1,833 times   10 Legal Analyses
    Authorizing an employee receiving less than the legal overtime compensation to recover the unpaid balance, interest, attorney's fees, and costs of suit in a civil action

  20. Section 510 - Eight hour workday; compensation for overtime

    Cal. Lab. Code § 510   Cited 1,669 times   29 Legal Analyses
    Requiring employers to pay 1.5 times the "regular rate of pay" for overtime