§Why CasetextPricing

Rivera v. United Parcel Service et al

OPPOSITION BRIEF to Defendant's Motion to Dismiss Counts 1-8 and 15. Document

17 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. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,319 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  4. Chambers v. Time Warner, Inc.

    282 F.3d 147 (2d Cir. 2002)   Cited 6,494 times   5 Legal Analyses
    Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"

  5. Cortec Indus., Inc. v. Sum Holding L.P.

    949 F.2d 42 (2d Cir. 1991)   Cited 3,067 times
    Holding that "[w]here plaintiff has actual notice of all the information in the movant's papers and has relied upon these documents in framing the complaint the necessity of translating a Rule 12(b) motion into one under Rule 56 is largely dissipated" and affirming the district court's consideration of a stock purchase agreement, offering memorandum, and stock warrant that were "integral to [plaintiffs'] complaint"

  6. Roth v. Jennings

    489 F.3d 499 (2d Cir. 2007)   Cited 1,438 times
    Holding that dismissal of a Section 16 suit for disgorgement of short-swing profits was unjustified when there were allegations that a loan had been made to a borrower in furtherance of an agreement between the lender and the borrower "to work together to effect a change of control or similar transaction involving [the company whose shares were purchased with the borrowed money]"

  7. Gregory v. Daly

    243 F.3d 687 (2d Cir. 2001)   Cited 1,128 times
    Holding that a supervisor's "depriving [plaintiff] of necessary training," among other things, if proven, "establish[ed] that plaintiff was required to endure an environment that objectively was severely and pervasively hostile"

  8. Hertz Corp. v. City of New York

    1 F.3d 121 (2d Cir. 1993)   Cited 259 times
    Holding that in Sherman Act § 1 action, state-action immunity did not apply to city ordinance that prohibited basing vehicle rental fees and decisions on the renter's residence; city acted pursuant to general home-rule powers, not any specific grant of authority over vehicle rentals

  9. Leibowitz v. Cornell University

    445 F.3d 586 (2d Cir. 2006)   Cited 176 times   3 Legal Analyses
    Holding that the district court erred in requiring the plaintiff to establish a prima facie case of employment discrimination under the McDonnell Douglas burden shifting framework in order to survive a 12(b) motion to dismiss, because "the prima facie case under McDonnell Douglas . . . is an evidentiary standard, not a pleading requirement"

  10. Kirkendall v. Halliburton, Inc.

    707 F.3d 173 (2d Cir. 2013)   Cited 107 times   3 Legal Analyses
    Noting that the exhaustion requirement for ERISA claims “is not absolute” and may be excused when a plaintiff demonstrates that pursuing administrative remedies would be futile

  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 361,353 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 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. . . ."

  13. 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

  14. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,751 times   175 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  15. Section 1140 - Interference with protected rights

    29 U.S.C. § 1140   Cited 2,092 times   15 Legal Analyses
    Making it unlawful to “discharge ... any person because he has given information or has testified or is about to testify in any inquiry or proceeding relating to [ERISA]”

  16. Section 1601.12 - Contents of charge; amendment of charge

    29 C.F.R. § 1601.12   Cited 1,100 times   3 Legal Analyses
    Requiring that each charge contain, " [t]he full name and contact information of the person making the charge . . . , [t]he full name and contact information of the person against whom the charge is made, if known . . . , clear and concise statement of the facts . . . constituting the alleged unlawful employment practices . . . , [i]f known, the approximate number of employees of the respondent employer . . . , statement disclosing whether proceedings involving the alleged unlawful employment practice have been commenced before a State or local agency charge with the enforcement of fair employment practice laws . . ."