§Why CasetextPricing

Truitt v. Atlanta Independent School System (Aiss)

REPLY BRIEF re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

12 Cited authorities

  1. Davis v. Coca-Cola Bottling

    516 F.3d 955 (11th Cir. 2008)   Cited 970 times   2 Legal Analyses
    Holding that hiring decisions were "discrete acts of discrimination" that could not go forward under the continuing-violation doctrine

  2. Oubre v. Entergy Operations, Inc.

    522 U.S. 422 (1998)   Cited 292 times   5 Legal Analyses
    Holding that an employee may waive ADEA rights if the waiver complies with the OWBPA

  3. Anderson v. District Board of Trustees of Central Florida Community College

    77 F.3d 364 (11th Cir. 1996)   Cited 936 times
    Holding that plaintiffs are required to "present each claim for relief in a separate count" rather than asserting numerous claims within a single count

  4. Chapman v. City of Detroit

    808 F.2d 459 (6th Cir. 1986)   Cited 435 times
    Holding that "some factual basis for the claims under § 1983 must be set forth in the pleadings" and "mere conclusory allegations of unconstitutional conduct" are insufficient

  5. Bost v. Fed. Express Corp.

    372 F.3d 1233 (11th Cir. 2004)   Cited 250 times
    Holding that dismissal of an ADEA complaint, without prejudice, does not allow a later complaint to be filed outside the statute of limitations

  6. WU v. THOMAS

    863 F.2d 1543 (11th Cir. 1989)   Cited 280 times
    Holding that a plaintiff's failure to receive a right-to-sue letter on a pending third EEOC charge alleging retaliation was not an obstacle to the suit.

  7. LaCroix v. Western District of Kentucky

    627 F. App'x 816 (11th Cir. 2015)   Cited 122 times
    Upholding dismissal of a shotgun pleading complaint for failure to comply with Rule 8

  8. Burgin v. Burlington Coat Factory

    2:11-cv-753-JHH (N.D. Ala. Jun. 4, 2013)   Cited 3 times
    Holding that claims not made in the complaint “[are] not properly before the court” so that any argument concerning them is irrelevant

  9. Gelover v. Lockheed Martin

    971 F. Supp. 180 (E.D. Pa. 1997)   Cited 11 times
    Applying O'Connor v. Consolidated Coin Caterers Corp., 517 U.S. 308

  10. Reed v. Northrop Grumman Ship Systems, Inc.

    Civil Action No. 04-1214, Section "R" (5) (E.D. La. Sep. 17, 2004)

    Civil Action No. 04-1214, Section "R" (5). September 17, 2004 ORDER AND REASONS SARAH VANCE, District Judge Defendant Northrop Grumman Ship Systems, Inc. moves to dismiss plaintiff Broderick Reed's claims for failure to exhaust administrative remedies or, in the alternative, for failure to state a claim upon which relief may be granted under Federal Rule of Civil Procedure 12(b)(6). In the alternative, Northrop Grumman moves for a more definite statement under Federal Rule of Civil Procedure 12(e)

  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. . . ."