§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 260,930 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 274,322 times   368 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 63,683 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 3,163 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 2,956 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 890 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 635 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 709 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 536 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 257 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 355,101 times   943 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 160,697 times   196 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 10,673 times   230 Legal Analyses
    Establishing overtime rules

  14. Section 203 - Definitions

    29 U.S.C. § 203   Cited 6,922 times   280 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 485 times   2 Legal Analyses
    Defining "wage"

  16. Section 3-401 - Definitions

    Md. Code, Lab. & Empl. § 3-401   Cited 383 times   1 Legal Analyses
    Defining "employer" as including "a person who acts directly or indirectly in the interest of another employer with an employee"