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Shelton v. Brennan

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM And in the Alternative Motion to Enforce Settlement Agreement

24 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 257,305 times   280 Legal Analyses
    Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 270,937 times   367 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Alexander v. Gardner-Denver Co.

    415 U.S. 36 (1974)   Cited 2,855 times   18 Legal Analyses
    Holding that workers may bring Title VII discrimination claims in federal court notwithstanding an arbitration provision in a CBA

  4. Kowal v. MCI Communications Corp.

    16 F.3d 1271 (D.C. Cir. 1994)   Cited 1,812 times   1 Legal Analyses
    Holding that statements of optimism give rise to a strong inference of scienter if they lacked a reasonable basis when made

  5. Oubre v. Entergy Operations, Inc.

    522 U.S. 422 (1998)   Cited 291 times   5 Legal Analyses
    Holding that an employee may waive ADEA rights if the waiver complies with the OWBPA

  6. Maynard v. Board of Regents of Universities

    342 F.3d 1281 (11th Cir. 2003)   Cited 719 times
    Holding that district court did not abuse its discretion in denying a motion to amend filed on the last day of discovery because granting the motion "would have produced more attempts at discovery, delayed disposition of the case, . . . likely prejudiced [the opposing party] . . . there seems to be no good reason why [the movant] could not have made the motion earlier."

  7. Lucas v. W.W. Grainger, Inc.

    257 F.3d 1249 (11th Cir. 2001)   Cited 606 times   2 Legal Analyses
    Holding that in reviewing a district court's decision on a motion for summary judgment de novo, the decision can be affirmed “on any ground that finds support in the record,” including an alternate ground

  8. Harris v. Ivax Corp.

    182 F.3d 799 (11th Cir. 1999)   Cited 421 times   1 Legal Analyses
    Holding that where all allegedly false statements were identified as forward-looking statements and accompanied by cautionary language, "the defendant's state of mind is irrelevant"

  9. Horne v. Potter

    392 F. App'x 800 (11th Cir. 2010)   Cited 290 times
    Holding that the district court did not err in considering the exhibits attached to the motion to dismiss, including an EEOC right to sue letter, because they were both central to the plaintiff's claims and undisputed

  10. Norfolk Southern Corp. v. Chevron, U.S.A

    371 F.3d 1285 (11th Cir. 2004)   Cited 123 times
    Holding that "to preclude a wider range of matters than those specified in the Agreement would frustrate the parties' expressed intent and bestow upon [the defendant] a windfall of immunity from litigation"

  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 351,086 times   937 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 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 110,621 times   197 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"

  13. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 15,276 times   49 Legal Analyses
    Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

  14. Section 626 - Recordkeeping, investigation, and enforcement

    29 U.S.C. § 626   Cited 6,077 times   44 Legal Analyses
    Adopting the statute of limitations under the Portal-to-Portal Pay Act, 29 U.S.C. § 255

  15. Section 8101 - Definitions

    5 U.S.C. § 8101   Cited 765 times
    Defining "employee"