48 Cited authorities

Franchise Tax Bd. v. Laborers Vacation Trust
463 U.S. 1 (1983) Cited 10,472 times 5 Legal Analyses
Holding that a case may not be removed to federal court on the basis of a preemption defense even where "both parties admit that the defense is the only question truly at issue in the case"
Paperworkers v. Misco, Inc.
484 U.S. 29 (1987) Cited 2,831 times 9 Legal Analyses
Holding jurisdiction to enforce a collective bargaining agreement only vests once grievance and arbitration procedures are exhausted
DelCostello v. Teamsters
462 U.S. 151 (1983) Cited 3,328 times
Holding that a claim for breach of the duty of fair representation must be filed within six months after it accrues
Fed. Express Corp. v. Holowecki
552 U.S. 389 (2008) Cited 1,120 times 12 Legal Analyses
Holding that the EEOC "acted within its authority in formulating the rule that a filing is deemed a charge if the document reasonably can be construed to request agency action and appropriate relief on the employee’s behalf"
Astoria Federal S. L. Ass'n. v. Solimino
501 U.S. 104 (1991) Cited 1,255 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
Cahill v. Liberty Mut. Ins. Co.
80 F.3d 336 (9th Cir. 1996) Cited 3,309 times
Holding that allegations of material fact are taken as true and construed in the light most favorable to plaintiff
Emrich v. Touche Ross Co.
846 F.2d 1190 (9th Cir. 1988) Cited 4,050 times
Holding proceedings and determinations of the courts are a matter of public record suitable for judicial notice
Shroyer v. New Cingular Wireless Services
622 F.3d 1035 (9th Cir. 2010) Cited 1,375 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
Mack v. S. Bay Beer Distribs., Inc.
798 F.2d 1279 (9th Cir. 1986) Cited 2,377 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
Western Min. Council v. Watt
643 F.2d 618 (9th Cir. 1981) Cited 2,879 times
Holding the Court should not "assume the truth of legal conclusions merely because they are cast in the form of factual allegations"
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 348,148 times 927 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 28,507 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."
Section 185 - Suits by and against labor organizations
29 U.S.C. § 185 Cited 14,563 times 13 Legal Analyses
Granting federal district courts jurisdiction over breach of contract claims arising out of collective bargaining contracts
Section 160 - Prevention of unfair labor practices
29 U.S.C. § 160 Cited 7,016 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
Section 626 - Recordkeeping, investigation, and enforcement
29 U.S.C. § 626 Cited 6,060 times 44 Legal Analyses
Adopting the statute of limitations under the Portal-to-Portal Pay Act, 29 U.S.C. § 255
Section 1542 - Claims not known by creditor at time of executing release
Cal. Civ. Code § 1542 Cited 1,619 times 10 Legal Analyses
Providing that a general release does not extend to unknown claims

Warkes Amirian v. Costco Wholesale Corporation et al

48 Cited authorities

Holding that a case may not be removed to federal court on the basis of a preemption defense even where "both parties admit that the defense is the only question truly at issue in the case"

Holding jurisdiction to enforce a collective bargaining agreement only vests once grievance and arbitration procedures are exhausted

Holding that a claim for breach of the duty of fair representation must be filed within six months after it accrues

Holding that the EEOC "acted within its authority in formulating the rule that a filing is deemed a charge if the document reasonably can be construed to request agency action and appropriate relief on the employee’s behalf"

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

Holding that allegations of material fact are taken as true and construed in the light most favorable to plaintiff

Holding proceedings and determinations of the courts are a matter of public record suitable for judicial notice

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

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

Holding the Court should not "assume the truth of legal conclusions merely because they are cast in the form of factual allegations"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Granting federal district courts jurisdiction over breach of contract claims arising out of collective bargaining contracts

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

Adopting the statute of limitations under the Portal-to-Portal Pay Act, 29 U.S.C. § 255

Providing that a general release does not extend to unknown claims