§Why CasetextPricing

Solis et al v. Circle Group, LLC, The et al

MOTION to Dismiss for Failure to State a Claim

24 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,784 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,697 times   365 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. Williams v. Meese

    926 F.2d 994 (10th Cir. 1991)   Cited 1,622 times
    Holding inmates are not 'employees' under the Rehabilitation Act

  4. Hall v. Witteman

    584 F.3d 859 (10th Cir. 2009)   Cited 285 times
    Holding that the district court did not abuse its discretion in denying leave to amend when the claimant had failed to explain how an amendment would cure the deficiencies identified by the district court

  5. Bristol v. Bd. of Cty. Com'rs of Clear Creek

    312 F.3d 1213 (10th Cir. 2002)   Cited 239 times
    Holding that because a "Board lacks the power to control the hiring, termination, or supervision of a Sheriff's employees, or otherwise control the terms and conditions of their employment, there can be no basis upon which a jury could determine that the Board owes a [duty to provide accommodation under the Americans with Disabilities Act]."

  6. Baystate Alt. Staffing, Inc. v. Herman

    163 F.3d 668 (1st Cir. 1998)   Cited 219 times   5 Legal Analyses
    Finding that the Bonnette factors provided the best framework for determining whether an agency that provided temporary workers to other entities was a joint employer of the workers under the FLSA

  7. Mickelson v. N.Y. Life Ins. Co.

    460 F.3d 1304 (10th Cir. 2006)   Cited 173 times   1 Legal Analyses
    Finding that an eighteen-year difference in experience would satisfy defendant's burden to justify a wage disparity

  8. Knitter v. Corvias Military Living, LLC

    758 F.3d 1214 (10th Cir. 2014)   Cited 119 times   1 Legal Analyses
    Holding that determination of joint employer status is a question of fact for the fact-finder

  9. Roman v. Guapos III, Inc.

    970 F. Supp. 2d 407 (D. Md. 2013)   Cited 57 times
    Holding father and son owners of restaurants, with generally alleged powers to "discipline, control work schedules, and set rate and method of pay" for plaintiffs, were plausibly employers under FLSA and MWHL

  10. Rosenfield v. HSBC Bank, USA

    681 F.3d 1172 (10th Cir. 2012)   Cited 53 times
    Affirming the district court's rejection of the plaintiff's request for leave to amend where the amendment would have been futile because the claims were untimely

  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 345,982 times   922 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 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,775 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,250 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  14. Section 207 - Maximum hours

    29 U.S.C. § 207   Cited 10,466 times   226 Legal Analyses
    Establishing overtime rules

  15. Section 206 - Minimum wage

    29 U.S.C. § 206   Cited 8,816 times   99 Legal Analyses
    Asking only whether the alleged inequality resulted from “any other factor other than sex”

  16. Section 203 - Definitions

    29 U.S.C. § 203   Cited 6,791 times   274 Legal Analyses
    Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable

  17. Section 215 - Prohibited acts; prima facie evidence

    29 U.S.C. § 215   Cited 2,638 times   50 Legal Analyses
    Recognizing as a protected activity an individual's “testif[ying] ... in any such proceeding” “under or related to this chapter”

  18. Section 8-4-120 - Discrimination and retaliation prohibited - employee protections - criminal penalties - civil remedies

    Colo. Rev. Stat. § 8-4-120   Cited 7 times
    Providing generally the same