§Why CasetextPricing

Tate v. The Home Depot et al

Brief / Memorandum in Support re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM .

25 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,716 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

  2. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 64,333 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"

  3. Beaudett v. City of Hampton

    775 F.2d 1274 (4th Cir. 1985)   Cited 7,144 times
    Holding that appellate courts should not permit "fleeting references to preserve questions on appeal"

  4. Republican Party of North Carolina v. Martin

    980 F.2d 943 (4th Cir. 1992)   Cited 4,359 times
    Holding that Fourteenth Amendment challenge to system by Republican Party is justiciable

  5. Bass v. E.I. Dupont de Nemours & Co.

    324 F.3d 761 (4th Cir. 2003)   Cited 2,348 times   1 Legal Analyses
    Holding that conclusory allegations that the employer discriminated against the plaintiff "because of her race and sex" were not sufficient to allege a claim when the facts of the complaint did not support the conclusory allegation

  6. Eastern Shore Markets, Inc. v. J.D. Associates Ltd. Partnership

    213 F.3d 175 (4th Cir. 2000)   Cited 2,175 times
    Holding that review of order granting motion to dismiss under Rule 12(b) is de novo

  7. Veney v. Wyche

    293 F.3d 726 (4th Cir. 2002)   Cited 1,071 times   1 Legal Analyses
    Holding that a court need not accept a plaintiff's allegation if it contradicts documents properly considered with the complaint

  8. Revene v. Charles County Com'rs

    882 F.2d 870 (4th Cir. 1989)   Cited 1,524 times
    Holding "[t]he separate claim against the 'Office of Sheriff' [in Charles County, Maryland] was rightly dismissed on the basis that this 'office' is not a cognizable legal entity separate from the Sheriff in his official capacity and the county government of which this 'office' is simply an agency"

  9. Migdal v. Rowe Price-Fleming Intern., Inc.

    248 F.3d 321 (4th Cir. 2001)   Cited 711 times   3 Legal Analyses
    Holding that “Rule 12(b) requires more than the mere recitation of boilerplate statutory language”

  10. Lissau v. S. Food Serv.

    159 F.3d 177 (4th Cir. 1998)   Cited 756 times   1 Legal Analyses
    Holding that supervisors cannot be held liable in their individual capacity under Title VII because they do not fit within the definition of an employer

  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 357,835 times   950 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 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."