§Why CasetextPricing

Smith et al v. Brinker International, Inc. et al

MOTION to Dismiss ; Memorandum of Points and Authorities in Support Thereof

4 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 262,570 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 275,856 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. Field v. American Mortgage Express, Corp.

    No. C 09-01430 MHP (N.D. Cal. Oct. 26, 2009)   Cited 1 times

    No. C 09-01430 MHP. October 26, 2009 MEMORANDUM ORDER Re: Defendant Gevity HR, Inc.'s Motion to Dismiss MARILYN PATEL, District Judge In this putative class action, plaintiff Marshall Field ("Field") filed suit on behalf of himself and all others similarly situated against defendants American Mortgage Express, Corp. ("AMX"), and Gevity HR, Inc. ("Gevity"), seeking damages for violations of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 216, California Labor Code § 201, and the California Worker

  4. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 161,536 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."