15 Cited authorities

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
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
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"
Randall v. Scott
610 F.3d 701 (11th Cir. 2010) Cited 1,813 times 1 Legal Analyses
Holding that courts do not construe a pleading drafted by counsel with the same leniency that they otherwise afford to pro se litigants who lack "the benefit of a legal education"
Marsh v. Butler County
268 F.3d 1014 (11th Cir. 2001) Cited 1,573 times
Holding that an official's complete inaction in the face of an excessive risk of inmate violence constitutes deliberate indifference
La Grasta v. First Union Securities, Inc.
358 F.3d 840 (11th Cir. 2004) Cited 1,395 times 1 Legal Analyses
Holding that dismissal on statute-of-limitations grounds is "appropriate only if it is apparent from the face of the complaint that the claim is time-barred"
Pielage v. McConnell
516 F.3d 1282 (11th Cir. 2008) Cited 1,118 times 4 Legal Analyses
Noting that "[t]reaties, like statutes, should be construed so that no words are treated as being meaningless, redundant, or mere surplusage."
Patel v. Wargo
803 F.2d 632 (11th Cir. 1986) Cited 328 times
Holding that "[t]he finding of an enterprise is relevant only to the issue of coverage"
Olivas v. a Little Havana Check Cash
324 F. App'x 839 (11th Cir. 2009) Cited 38 times
Holding that where the employee explained how and why her time records were inaccurate and provided an average number of weekly hours worked, such evidence established the amount and extent of the employee's work as a matter of just and reasonable inference
Maldonado v. Alta Healthcare Grp., Inc.
17 F. Supp. 3d 1181 (M.D. Fla. 2014) Cited 2 times
Recognizing Sections 785.21 and 785.22 as interpretive rules
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
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. . . ."
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”
Section 203 - Definitions
29 U.S.C. § 203 Cited 7,020 times 280 Legal Analyses
Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable

Sims et al v. Unation, Llc et al

15 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

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"

Holding that courts do not construe a pleading drafted by counsel with the same leniency that they otherwise afford to pro se litigants who lack "the benefit of a legal education"

Holding that an official's complete inaction in the face of an excessive risk of inmate violence constitutes deliberate indifference

Holding that dismissal on statute-of-limitations grounds is "appropriate only if it is apparent from the face of the complaint that the claim is time-barred"

Noting that "[t]reaties, like statutes, should be construed so that no words are treated as being meaningless, redundant, or mere surplusage."

Holding that "[t]he finding of an enterprise is relevant only to the issue of coverage"

Holding that where the employee explained how and why her time records were inaccurate and provided an average number of weekly hours worked, such evidence established the amount and extent of the employee's work as a matter of just and reasonable inference

Recognizing Sections 785.21 and 785.22 as interpretive rules

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable