§Why CasetextPricing

Teagle v. Lexisnexis Screening Solutions, Inc. et al

RESPONSE in Opposition re MOTION for Leave to File First Amended Complaint

15 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 221,216 times   41 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  2. Speaker v. U.S. D. H. S

    623 F.3d 1371 (11th Cir. 2010)   Cited 812 times   1 Legal Analyses
    Holding that plaintiff must do more than recite statutory elements in conclusory fashion and instead, must proffer enough factual content to raise a right to relief above the speculative level

  3. Cockrell v. Sparks

    510 F.3d 1307 (11th Cir. 2007)   Cited 767 times
    Holding that an amendment is futile "when the complaint as amended would still be properly dismissed"

  4. SFM Holdings Ltd. v. Banc of America Securities, LLC

    600 F.3d 1334 (11th Cir. 2010)   Cited 403 times
    Holding that "relationship-forming contracts are central to a plaintiff's claim"

  5. Maxcess, Inc. v. Lucent Technologies, Inc.

    433 F.3d 1337 (11th Cir. 2005)   Cited 413 times
    Holding that such extrinsic evidence can be considered at the motion to dismiss stage if the above factors are met and even if it is not mentioned in or attached to the complaint

  6. Carruthers v. BSA Advertising, Inc.

    357 F.3d 1213 (11th Cir. 2004)   Cited 181 times   1 Legal Analyses
    Holding that employer's awareness of employee's diagnosis, in addition to threatening termination and advertising for her replacement, failed to prove that employer regarded her as disabled

  7. Jameson v. Arrow Co.

    75 F.3d 1528 (11th Cir. 1996)   Cited 154 times
    Holding the ADEA does not require employers to "transfer or rehire laid-off workers in the protected age group as a matter of course. Rather, if the second element of the prima facie test . . . is to have any substantive meaning, it is that a discharged employee who applies for a job for which she is qualified . . . must be considered for that job . . . and cannot be denied the position based on age." (alterations added)

  8. Poore v. Sterling Testing Systems, Inc.

    410 F. Supp. 2d 557 (E.D. Ky. 2006)   Cited 26 times
    Holding that a company that reports on criminal records of job applicants is a CRA

  9. Stringer v. Jackson

    392 F. App'x 759 (11th Cir. 2010)   Cited 18 times

    No. 09-16514 Non-Argument Calendar. August 16, 2010. Appeal from the United States District Court for the Southern District of Florida. D.C. Docket No. 09-22905-CV-JAL. Before BARRETT, HULL and MARCUS, Circuit Judges. PER CURIAM: Thomas B. Stringer, a pro se prisoner, appeals the district court's dismissal of his 42 U.S.C. § 1983 complaint for failure to state a claim for relief pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). On appeal, Stringer argues that the district court abused its discretion when

  10. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 94,847 times   92 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  11. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 6,560 times   198 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"

  12. Section 1681n - Civil liability for willful noncompliance

    15 U.S.C. § 1681n   Cited 2,404 times   42 Legal Analyses
    In §§1681n and 1681o, the Act authorizes consumer suits for money damages against "[a]ny person" who willfully or negligently fails to comply with this directive.

  13. Section 1681e - Compliance procedures

    15 U.S.C. § 1681e   Cited 1,466 times   67 Legal Analyses
    Requiring "[e]very consumer reporting agency" to "maintain reasonable procedures . . . to limit the furnishing of consumer reports" to permissible purposes

  14. Section 1681o - Civil liability for negligent noncompliance

    15 U.S.C. § 1681o   Cited 1,200 times   7 Legal Analyses
    Subjecting persons who "negligently" fail to comply to only compensatory damages

  15. Section 1681k - Public record information for employment purposes

    15 U.S.C. § 1681k   Cited 104 times   4 Legal Analyses
    Stating a "consumer reporting agency which furnishes a consumer report for employment purposes ... shall maintain strict procedures designed to insure that whenever public record information which is likely to have an adverse effect on a consumer's ability to obtain employment is reported it is complete and up to date"