§Why CasetextPricing

Sanders v. Old Dominion Freight Line, Inc. et al

MOTION to Dismiss for Failure to State a Claim and/or to Strike Complaint Pursuant to Fed. R. Civ. P. 12

65 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. Fogerty v. Fantasy, Inc.

    510 U.S. 517 (1994)   Cited 2,876 times   30 Legal Analyses
    Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988

  4. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,267 times   5 Legal Analyses
    Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"

  5. Korea Supply Co. v. Lockheed Martin Corp.

    29 Cal.4th 1134 (Cal. 2003)   Cited 1,679 times   17 Legal Analyses
    Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"

  6. Ellis v. Costco Wholesale Corp.

    657 F.3d 970 (9th Cir. 2011)   Cited 1,141 times   17 Legal Analyses
    Holding that plaintiffs' commonality must connect to their claim for class relief

  7. Brinker Rest. Corp. v. Superior Court of San Diego Cnty.

    53 Cal.4th 1004 (Cal. 2012)   Cited 813 times   83 Legal Analyses
    Holding the employer is required to provide a meal period to employees, but "is not obligated to police meal breaks and ensure no work thereafter is performed"

  8. Fantasy, Inc. v. Fogerty

    984 F.2d 1524 (9th Cir. 1993)   Cited 1,378 times   1 Legal Analyses
    Holding that the district court properly struck lengthy, stale and previously litigated factual allegations to streamline the action

  9. Murphy v. Kenneth Cole Productions Inc.

    40 Cal.4th 1094 (Cal. 2007)   Cited 520 times   19 Legal Analyses
    Holding that California Labor Code claims have a three-year statute of limitations

  10. Sidney-Vinstein v. A.H. Robins Co.

    697 F.2d 880 (9th Cir. 1983)   Cited 989 times
    Holding that district courts have an obligation to hear motions requesting reconsideration of summary judgments

  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. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,078 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  14. Section 201 - Short title

    29 U.S.C. § 201   Cited 21,222 times   104 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work

  15. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,123 times   315 Legal Analyses
    Prohibiting unlawful business practices

  16. Section 226 - Itemized statement of wages

    Cal. Lab. Code § 226   Cited 2,295 times   127 Legal Analyses
    Providing only statutory penalties

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

    Cal. Lab. Code § 201   Cited 1,790 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"

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

    Cal. Lab. Code § 1194   Cited 1,791 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

  19. Section 203 - Failure to pay; penalties

    Cal. Lab. Code § 203   Cited 1,660 times   25 Legal Analyses
    Providing that any willfully unpaid wages "shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced"

  20. Section 512 - Meal periods

    Cal. Lab. Code § 512   Cited 1,173 times   33 Legal Analyses
    Imposing these same meal break rules for all employees unless otherwise exempted