40 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,259 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' "
  2. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 16,751 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,806 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
  4. Lujan v. National Wildlife Federation

    497 U.S. 871 (1990)   Cited 9,531 times   2 Legal Analyses
    Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete
  5. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,481 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
  6. Mathews v. Eldridge

    424 U.S. 319 (1976)   Cited 15,736 times   42 Legal Analyses
    Holding that a procedure based on written submissions was adequate because it included safeguards against mistake including that the agency informed the recipient of its tentative assessment and the evidence supporting it and an opportunity was then afforded the recipient to submit additional evidence "enabling him to challenge directly the accuracy of information in his file as well as the correctness of the agency's tentative conclusions"
  7. Board of Regents v. Roth

    408 U.S. 564 (1972)   Cited 14,668 times   4 Legal Analyses
    Holding that where a public employee's appointment terminated on a particular date and there was no provision for renewal after that date, the employee "did not have a property interest sufficient to require . . . a hearing when [the officials] declined to renew his contract of employment."
  8. Cleveland Board of Education v. Loudermill

    470 U.S. 532 (1985)   Cited 6,890 times   7 Legal Analyses
    Holding that the tenured public employee was "entitled to oral or written notice of the charges against him, an explanation of the employer's evidence, and an opportunity to present his side of the story"
  9. Gomez v. Toledo

    446 U.S. 635 (1980)   Cited 5,378 times   1 Legal Analyses
    Holding that defendant bears burden of pleading defenses
  10. Chambers v. Time Warner, Inc.

    282 F.3d 147 (2d Cir. 2002)   Cited 6,247 times   5 Legal Analyses
    Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"
  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 486,292 times   688 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
  12. 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 345,449 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 155,974 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  14. Rule 24 - Intervention

    Fed. R. Civ. P. 24   Cited 9,155 times   34 Legal Analyses
    Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them
  15. Section 3020-A - Disciplinary procedures and penalties

    N.Y. Educ. Law § 3020-A   Cited 919 times
    Applying to "person enjoying the benefits of tenure"
  16. Section 3020 - Discipline of teachers

    N.Y. Educ. Law § 3020   Cited 156 times

    1. No person enjoying the benefits of tenure shall be disciplined or removed during a term of employment except for just cause and in accordance with the procedures specified in section three thousand twenty-a of this article or in accordance with alternate disciplinary procedures contained in a collective bargaining agreement covering his or her terms and conditions of employment that was effective on or before September first, nineteen hundred ninety-four and has been unaltered by renegotiation