51 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,626 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 266,542 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' "
McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 52,187 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
Tex. Dept. of Cmty. Affairs v. Burdine
450 U.S. 248 (1981) Cited 19,945 times 9 Legal Analyses
Holding in the Title VII context that the plaintiff's prima facie case creates "a legally mandatory, rebuttable presumption" that shifts the burden of proof to the employer, and "if the employer is silent in the face of the presumption, the court must enter judgment for the plaintiff"
Hishon v. King Spalding
467 U.S. 69 (1984) Cited 12,436 times 7 Legal Analyses
Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job
Price Waterhouse v. Hopkins
490 U.S. 228 (1989) Cited 4,609 times 161 Legal Analyses
Holding that an employer discriminated on the basis of sex when he "act[ed] on the basis of a belief that a woman cannot be aggressive, or that she must not be"
Morales v. Trans World Airlines, Inc.
504 U.S. 374 (1992) Cited 1,698 times 11 Legal Analyses
Holding that the Airline Deregulation Act, which prohibits States from enforcing any law "relating to rates, routes, or services" of any air carrier, preempted fare-advertising guidelines that "would have a significant impact upon" the airlines' ability to charge fares
Burtch v. Milberg Factors, Inc.
662 F.3d 212 (3d Cir. 2011) Cited 2,111 times
Holding that direct evidence of a conspiracy was lacking where the complaint's allegations did not "specify a time or place that any actual agreement to fix credit terms occurred, [or] ...indicate that any particular individuals or [organizations] made such an agreement"
American Airlines, Inc. v. Wolens
513 U.S. 219 (1995) Cited 778 times 11 Legal Analyses
Holding the Illinois Consumer Fraud Act preempted by the Federal Airline Deregulation Act to the extent the state law applied to airline frequent flier programs
Rowe v. New Hampshire Motor Transp. Ass'n
552 U.S. 364 (2008) Cited 388 times 8 Legal Analyses
Holding that targeted ground carrier regulations were pre-empted by a statute modeled on the ADA
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 345,805 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
Section 1981 - Equal rights under the law
42 U.S.C. § 1981 Cited 37,868 times 236 Legal Analyses
Granting equal rights to "make and enforce contracts" without regard to race
Section 41713 - Preemption of authority over prices, routes, and service
49 U.S.C. § 41713 Cited 820 times 32 Legal Analyses
Recognizing that the preemption provision does not limit a State from "carrying out its proprietary powers and rights"
Section 40101 - Policy
49 U.S.C. § 40101 Cited 560 times 20 Legal Analyses
Finding that "providing assistance to law enforcement agencies in the enforcement of laws related to regulation of controlled substances" is "in the public interest"
Section 44902 - Refusal to transport passengers and property
49 U.S.C. § 44902 Cited 90 times 2 Legal Analyses
In 49 U.S.C. § 44902(a), which became effective in 1961, Congress mandated air carriers to refuse to transport passengers and property where a passenger does not consent to a search of his person or property for dangerous weapons, explosives, or destructive substances.
Section 91.3 - Responsibility and authority of the pilot in command
14 C.F.R. § 91.3 Cited 139 times 1 Legal Analyses
Holding crew responsible for passenger safety
Section 91.13 - Careless or reckless operation
14 C.F.R. § 91.13 Cited 125 times 15 Legal Analyses
Prohibiting careless or reckless aircraft operation

Adams et al v. US Airways Group, Inc. et al

51 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 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 in the Title VII context that the plaintiff's prima facie case creates "a legally mandatory, rebuttable presumption" that shifts the burden of proof to the employer, and "if the employer is silent in the face of the presumption, the court must enter judgment for the plaintiff"

Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job

Holding that an employer discriminated on the basis of sex when he "act[ed] on the basis of a belief that a woman cannot be aggressive, or that she must not be"

Holding that the Airline Deregulation Act, which prohibits States from enforcing any law "relating to rates, routes, or services" of any air carrier, preempted fare-advertising guidelines that "would have a significant impact upon" the airlines' ability to charge fares

Holding that direct evidence of a conspiracy was lacking where the complaint's allegations did not "specify a time or place that any actual agreement to fix credit terms occurred, [or] ...indicate that any particular individuals or [organizations] made such an agreement"

Holding the Illinois Consumer Fraud Act preempted by the Federal Airline Deregulation Act to the extent the state law applied to airline frequent flier programs

Holding that targeted ground carrier regulations were pre-empted by a statute modeled on the ADA

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 that the preemption provision does not limit a State from "carrying out its proprietary powers and rights"

Finding that "providing assistance to law enforcement agencies in the enforcement of laws related to regulation of controlled substances" is "in the public interest"

In 49 U.S.C. § 44902(a), which became effective in 1961, Congress mandated air carriers to refuse to transport passengers and property where a passenger does not consent to a search of his person or property for dangerous weapons, explosives, or destructive substances.

Holding crew responsible for passenger safety

Prohibiting careless or reckless aircraft operation