§Why CasetextPricing

Snyder v. Owens & Minor Distribution, Inc. et al

MOTION to Dismiss for Failure to State a Claim

28 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,813 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 280,791 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. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 65,504 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

  4. Nemet Chevrolet v. Consumeraffairs.com, Inc.

    591 F.3d 250 (4th Cir. 2009)   Cited 3,242 times   3 Legal Analyses
    Holding that a website did not contribute to alleged illegality

  5. Giarratano v. Johnson

    521 F.3d 298 (4th Cir. 2008)   Cited 3,021 times
    Holding a court need not accept as true a complaint's legal conclusions, "unwarranted inferences, unreasonable conclusions, or arguments."

  6. Wahi v. Charleston Area Medical Center, Inc.

    562 F.3d 599 (4th Cir. 2009)   Cited 907 times
    Holding that an issue raised in a footnote and addressed with only a single declarative sentence asserting error is waived

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

    723 F.3d 192 (2d Cir. 2013)   Cited 658 times   3 Legal Analyses
    Holding "[a]llegations of fraud are subject to a heightened pleading standard"

  8. Goldberg v. Whitaker House Coop

    366 U.S. 28 (1961)   Cited 720 times   6 Legal Analyses
    Holding that the test of employment under the FLSA is the economic reality test

  9. Bonnette v. Calif. Health and Welfare Agency

    704 F.2d 1465 (9th Cir. 1983)   Cited 544 times   28 Legal Analyses
    Holding that state and county agencies were employers of in-home chore workers who alleged violations of minimum wage provisions

  10. Schultz v. Capital Intern. Sec., Inc.

    466 F.3d 298 (4th Cir. 2006)   Cited 265 times   1 Legal Analyses
    Holding that a Saudi prince jointly employed the person who guarded him, along with the security firm that employed and provided the guard

  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 362,607 times   962 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 164,455 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 207 - Maximum hours

    29 U.S.C. § 207   Cited 10,842 times   231 Legal Analyses
    Establishing overtime rules

  14. Section 203 - Definitions

    29 U.S.C. § 203   Cited 7,036 times   281 Legal Analyses
    Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable

  15. Section 3-501 - Definitions

    Md. Code, Lab. & Empl. § 3-501   Cited 494 times   2 Legal Analyses
    Defining "wage"

  16. Section 3-401 - Definitions

    Md. Code, Lab. & Empl. § 3-401   Cited 387 times   1 Legal Analyses
    Defining "employer" as including "a person who acts directly or indirectly in the interest of another employer with an employee"