§Why CasetextPricing

Shadell, et al v. Cudd Pumping Services, Inc., et al

Motion to Dismiss for Failure to State a Claim and Brief in Support

24 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,896 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 279,933 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 59,329 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. McLaughlin v. Richland Shoe Co.

    486 U.S. 128 (1988)   Cited 2,011 times   12 Legal Analyses
    Holding that the "plain language" of the Fair Labor Standards Act's "willful" liquidated damages standard requires that "the employer either knew or showed reckless disregard for the matter of whether its conduct was prohibited by the statute," without regard to the outrageousness of the conduct at issue

  5. Nakahata v. N.Y.-Presbyterian Healthcare Sys., Inc.

    723 F.3d 192 (2d Cir. 2013)   Cited 656 times   3 Legal Analyses
    Holding "[a]llegations of fraud are subject to a heightened pleading standard"

  6. DeJesus v. HF Mgmt. Servs., LLC

    726 F.3d 85 (2d Cir. 2013)   Cited 446 times   5 Legal Analyses
    Holding that "[w]hatever the precise level of specificity that was required of the complaint, Dejesus at least was required to do more than repeat the language of the statute"

  7. Pruell v. Caritas Christi

    678 F.3d 10 (1st Cir. 2012)   Cited 186 times   2 Legal Analyses
    Holding a simple statement that plaintiffs worked more than forty hours per week was inadequate to establish a FLSA claim where the complaint lacked examples or estimates of unpaid time to substantiate the claim

  8. Ikossi-Anastasiou v. Board of Supervisors

    579 F.3d 546 (5th Cir. 2009)   Cited 147 times   1 Legal Analyses
    Holding retaliatory acts are time-barred unless they occurred within 300 days of filing the complaint with a state or local agency

  9. Frasier v. General Elec. Co.

    930 F.2d 1004 (2d Cir. 1991)   Cited 227 times
    Affirming "with no difficulty" the district court's dismissal under Rule 12(b) of an EPA claim whose sole allegation was that the plaintiff "was not receiving equal pay for equal work"

  10. Zhong v. August August Corp.

    498 F. Supp. 2d 625 (S.D.N.Y. 2007)   Cited 122 times
    Holding that where plaintiff indicated the number of hours worked per week, the wage plaintiff was earning, and the total number of weeks plaintiff worked sufficiently alleged damages in an FLSA 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 361,619 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 163,952 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. Section 216 - Penalties

    29 U.S.C. § 216   Cited 16,915 times   143 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

  14. Section 207 - Maximum hours

    29 U.S.C. § 207   Cited 10,816 times   231 Legal Analyses
    Establishing overtime rules

  15. Section 255 - Statute of limitations

    29 U.S.C. § 255   Cited 4,680 times   8 Legal Analyses
    Recognizing that not all FLSA wage and overtime claims are willful