51 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 257,305 times 280 Legal Analyses
Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"
McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 52,561 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
O'Connor v. Consolidated Coin Caterers Corp.
517 U.S. 308 (1996) Cited 2,071 times 7 Legal Analyses
Holding that inference of age discrimination cannot be drawn from “replacement of one worker with another worker insignificantly younger”
Great Plains Tr. v. Morgan Stanley Dean Witter
313 F.3d 305 (5th Cir. 2002) Cited 2,610 times 1 Legal Analyses
Holding that an order denying remand based on improper joinder is reviewed de novo
Graham v. Long Island R.R
230 F.3d 34 (2d Cir. 2000) Cited 2,023 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
Johnson v. Johnson
385 F.3d 503 (5th Cir. 2004) Cited 1,654 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
Causey v. Sewell Cadillac-Chevrolet, Inc.
394 F.3d 285 (5th Cir. 2004) Cited 915 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"
Equal Employment Opportunity Commission v. LHC Group, Inc.
773 F.3d 688 (5th Cir. 2014) Cited 589 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"
Evans v. City of Houston
246 F.3d 344 (5th Cir. 2001) Cited 852 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
Jackson v. Cal-Western Packaging Corp.
602 F.3d 374 (5th Cir. 2010) Cited 600 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"
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 351,086 times 937 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1981 - Equal rights under the law
42 U.S.C. § 1981 Cited 38,204 times 252 Legal Analyses
Granting equal rights to "make and enforce contracts" without regard to race
Section 12112 - Discrimination
42 U.S.C. § 12112 Cited 13,663 times 159 Legal Analyses
Recognizing failure to accommodate as form of discrimination
Section 623 - Prohibition of age discrimination
29 U.S.C. § 623 Cited 10,152 times 51 Legal Analyses
Holding that under the ADEA, it is unlawful to discriminate against individuals who are at least forty years of age
Rule 7 - Pleadings Allowed; Form of Motions and Other Papers
Fed. R. Civ. P. 7 Cited 7,674 times 2 Legal Analyses
Defining "pleadings" for purposes of the Federal Rules of Civil Procedure
Section 1630.2 - Definitions
29 C.F.R. § 1630.2 Cited 8,392 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"

Kitchen vs. BASF

51 Cited authorities

Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"

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

Holding that inference of age discrimination cannot be drawn from “replacement of one worker with another worker insignificantly younger”

Holding that an order denying remand based on improper joinder is reviewed de novo

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

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

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"

Holding that to establish a prima facie discrimination claim under the ADA, a plaintiff must show "that he has a disability"

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

Granting equal rights to "make and enforce contracts" without regard to race

Recognizing failure to accommodate as form of discrimination

Holding that under the ADEA, it is unlawful to discriminate against individuals who are at least forty years of age

Defining "pleadings" for purposes of the Federal Rules of Civil Procedure

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"