22 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 253,396 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 267,252 times 365 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Burlington Indus., Inc. v. Ellerth
524 U.S. 742 (1998) Cited 7,111 times 92 Legal Analyses
Holding that an employer is not liable for a hostile work environment created by one of its employees when "the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and . . . the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise"
Vasquez v. County of Los Angeles
349 F.3d 634 (9th Cir. 2003) Cited 1,706 times 1 Legal Analyses
Holding that racist comments were "not severe or pervasive enough" to create a dispute of fact
Brooks v. City of San Mateo
229 F.3d 917 (9th Cir. 2000) Cited 1,380 times 8 Legal Analyses
Holding that a similar single instance of sexual harassment was not sufficiently severe or pervasive to establish a hostile work environment claim
Brown v. City of Tucson
336 F.3d 1181 (9th Cir. 2003) Cited 337 times
Holding that close temporal proximity between protected activity and disciplinary investigation of complaining employee did not necessarily imply a retaliatory motive
Walton v. U.S. Marshals Serv
492 F.3d 998 (9th Cir. 2007) Cited 241 times
Holding that an expert affidavit failed to create a factual dispute because the expert did "not state a factual basis for his opinion"
Locomotive Engrs. v. L. N.R. Co.
373 U.S. 33 (1963) Cited 145 times
Holding that permitting strikes aimed at enforcing arbitration awards stemming from minor disputes would render “meaningless” the RLA provisions that call for judicial enforcement of such awards
Vale v. Great Neck Water Pollution Control Dist.
80 F. Supp. 3d 426 (E.D.N.Y. 2015) Cited 81 times
Holding that plaintiff failed to show adverse action where, upon return from leave, "her papers were disrupted, personal items were missing, and the lock to her desk draw had been broken"
Weaving v. City of Hillsboro
763 F.3d 1106 (9th Cir. 2014) Cited 75 times 4 Legal Analyses
Holding that the plaintiff's attention deficit disorder did not qualify as a disability under the Americans with Disabilities Act
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 346,583 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
Rule 10 - Form of Pleadings
Fed. R. Civ. P. 10 Cited 19,533 times 10 Legal Analyses
Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion
Section 12102 - Definition of disability
42 U.S.C. § 12102 Cited 10,805 times 40 Legal Analyses
Recognizing ADA claim where plaintiff is "regarded as" disabled
Section 151 - Definitions; short title
45 U.S.C. § 151 Cited 2,947 times 7 Legal Analyses
Defining "minor dispute" as disputes "growing out of grievances or out of the interpretation or application of agreements covering rates of pay, rules, or working conditions."

Mitchell v. American/US Airways

22 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding that racist comments were "not severe or pervasive enough" to create a dispute of fact

Holding that a similar single instance of sexual harassment was not sufficiently severe or pervasive to establish a hostile work environment claim

Holding that close temporal proximity between protected activity and disciplinary investigation of complaining employee did not necessarily imply a retaliatory motive

Holding that an expert affidavit failed to create a factual dispute because the expert did "not state a factual basis for his opinion"

Holding that permitting strikes aimed at enforcing arbitration awards stemming from minor disputes would render “meaningless” the RLA provisions that call for judicial enforcement of such awards

Holding that plaintiff failed to show adverse action where, upon return from leave, "her papers were disrupted, personal items were missing, and the lock to her desk draw had been broken"

Holding that the plaintiff's attention deficit disorder did not qualify as a disability under the Americans with Disabilities Act

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

Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

Recognizing ADA claim where plaintiff is "regarded as" disabled

Defining "minor dispute" as disputes "growing out of grievances or out of the interpretation or application of agreements covering rates of pay, rules, or working conditions."