51 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,437 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
  2. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 52,094 times   95 Legal Analyses
    Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision
  3. O'Connor v. Consolidated Coin Caterers Corp.

    517 U.S. 308 (1996)   Cited 2,057 times   7 Legal Analyses
    Holding that inference of age discrimination cannot be drawn from “replacement of one worker with another worker insignificantly younger”
  4. Great Plains Tr. v. Morgan Stanley Dean Witter

    313 F.3d 305 (5th Cir. 2002)   Cited 2,567 times   1 Legal Analyses
    Holding that an order denying remand based on improper joinder is reviewed de novo
  5. Graham v. Long Island R.R

    230 F.3d 34 (2d Cir. 2000)   Cited 2,010 times   2 Legal Analyses
    Holding that even if plaintiff could demonstrate that failed drug test proffered by defendant as ground for dismissal was in error, that showing would not demonstrate that reliance on test was pretext for discrimination
  6. Johnson v. Johnson

    385 F.3d 503 (5th Cir. 2004)   Cited 1,624 times   1 Legal Analyses
    Holding that Farmer has made it "abundantly clear" that prison officials cannot leave an inmate to fight off his attackers or submit as a victim of sexual assault
  7. Causey v. Sewell Cadillac-Chevrolet, Inc.

    394 F.3d 285 (5th Cir. 2004)   Cited 879 times
    Holding that "[d]ocuments that a defendant attaches to a motion to dismiss are considered part of the pleadings if they are referred to in the plaintiff's complaint and are central to her claim"
  8. Equal Employment Opportunity Commission v. LHC Group, Inc.

    773 F.3d 688 (5th Cir. 2014)   Cited 574 times   3 Legal Analyses
    Holding that to establish a prima facie discrimination claim under the ADA, a plaintiff must show "that he has a disability"
  9. Evans v. City of Houston

    246 F.3d 344 (5th Cir. 2001)   Cited 847 times
    Holding that a plaintiff had provided sufficient circumstantial evidence that an employer's reasons for demoting her were pretextual to create a genuine dispute of material fact regarding whether she was wrongfully demoted and reversing the district court's grant of summary judgment for the employer
  10. Jackson v. Cal-Western Packaging Corp.

    602 F.3d 374 (5th Cir. 2010)   Cited 591 times   1 Legal Analyses
    Holding that the plaintiff's "self-serving statements" that he did not engage in misconduct were insufficient to avoid summary judgment when there was "considerable evidence" the plaintiff violated company policy and no "evidence as to why the company's reliance on the evidence against [the plaintiff] was in bad faith"
  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 344,481 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 1981 - Equal rights under the law

    42 U.S.C. § 1981   Cited 37,789 times   234 Legal Analyses
    Granting equal rights to "make and enforce contracts" without regard to race
  13. Section 12112 - Discrimination

    42 U.S.C. § 12112   Cited 13,471 times   159 Legal Analyses
    Recognizing failure to accommodate as form of discrimination
  14. Section 623 - Prohibition of age discrimination

    29 U.S.C. § 623   Cited 10,063 times   51 Legal Analyses
    Holding that under the ADEA, it is unlawful to discriminate against individuals who are at least forty years of age
  15. Rule 7 - Pleadings Allowed; Form of Motions and Other Papers

    Fed. R. Civ. P. 7   Cited 7,489 times   2 Legal Analyses
    Defining "pleadings" for purposes of the Federal Rules of Civil Procedure
  16. Section 1630.2 - Definitions

    29 C.F.R. § 1630.2   Cited 8,316 times   141 Legal Analyses
    Holding that major life activity is substantially limited if plaintiff is "significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities"