§Why CasetextPricing

Warkes Amirian v. Costco Wholesale Corporation et al

NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State Claim

31 Cited authorities

  1. Paperworkers v. Misco, Inc.

    484 U.S. 29 (1987)   Cited 2,825 times   9 Legal Analyses
    Holding jurisdiction to enforce a collective bargaining agreement only vests once grievance and arbitration procedures are exhausted

  2. DelCostello v. Teamsters

    462 U.S. 151 (1983)   Cited 3,326 times
    Holding that a claim for breach of the duty of fair representation must be filed within six months after it accrues

  3. Astoria Federal S. L. Ass'n. v. Solimino

    501 U.S. 104 (1991)   Cited 1,254 times   10 Legal Analyses
    Holding that where a plaintiff must exhaust state administrative proceedings to bring federal claims, the administrative adjudication lacks res judicata effect, as an exception to the default rule of administrative preclusion

  4. Cahill v. Liberty Mut. Ins. Co.

    80 F.3d 336 (9th Cir. 1996)   Cited 3,304 times
    Holding that allegations of material fact are taken as true and construed in the light most favorable to plaintiff

  5. Shroyer v. New Cingular Wireless Services

    622 F.3d 1035 (9th Cir. 2010)   Cited 1,371 times
    Holding that fraud claims were pled with particularity when the allegations concerned a "relatively definite time frame" identifiable by discrete events, even though exact dates were not provided

  6. Mack v. S. Bay Beer Distribs., Inc.

    798 F.2d 1279 (9th Cir. 1986)   Cited 2,373 times
    Holding that state agency determination in unemployment hearing did not preclude federal employment discrimination claim because plaintiff did not have adequate opportunity to present discrimination claim before agency

  7. Western Min. Council v. Watt

    643 F.2d 618 (9th Cir. 1981)   Cited 2,875 times
    Holding the Court should not "assume the truth of legal conclusions merely because they are cast in the form of factual allegations"

  8. Barron v. Reich

    13 F.3d 1370 (9th Cir. 1994)   Cited 947 times
    Holding that a statute's use of the word "may," unlike the word "shall," generally confers discretion on the agency

  9. Ritza v. Int'l Longshoremen's Warehousemen's

    837 F.2d 365 (9th Cir. 1988)   Cited 757 times
    Holding that we will review the district court's factual determinations for clear error and its application of substantive law de novo

  10. Rodriguez v. Airborne Express

    265 F.3d 890 (9th Cir. 2001)   Cited 352 times
    Holding that plaintiff's race-based discrimination claim would not reasonably trigger an investigation of disability discrimination, as the "two claims involve totally different kinds of allegedly improper conduct, and investigation into one claim would not likely lead to investigation of the other"

  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 347,250 times   923 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 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,407 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  13. Section 185 - Suits by and against labor organizations

    29 U.S.C. § 185   Cited 14,554 times   13 Legal Analyses
    Granting federal district courts jurisdiction over breach of contract claims arising out of collective bargaining contracts

  14. Section 160 - Prevention of unfair labor practices

    29 U.S.C. § 160   Cited 7,012 times   19 Legal Analyses
    Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB

  15. Section 626 - Recordkeeping, investigation, and enforcement

    29 U.S.C. § 626   Cited 6,059 times   44 Legal Analyses
    Adopting the statute of limitations under the Portal-to-Portal Pay Act, 29 U.S.C. § 255

  16. Section 1542 - Claims not known by creditor at time of executing release

    Cal. Civ. Code § 1542   Cited 1,616 times   10 Legal Analyses
    Providing that a general release does not extend to unknown claims