59 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 269,161 times 367 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' "
Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 16,897 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"
Burlington N. & Santa Fe Ry. Co. v. White
548 U.S. 53 (2006) Cited 11,312 times 104 Legal Analyses
Holding that a jury could find a reassignment from a position with "an indication of prestige" to one involving less desirable responsibilities "would have been materially adverse to a reasonable employee"
Nat'l R.R. Passenger Corp. v. Morgan
536 U.S. 101 (2002) Cited 10,320 times 31 Legal Analyses
Holding limitations period for hostile-work-environment claim runs from the last act composing the claim
Oncale v. Sundowner Offshore Servs., Inc.
523 U.S. 75 (1998) Cited 5,172 times 50 Legal Analyses
Holding that "[w]hatever evidentiary route the plaintiff chooses to follow, he or she must always prove that the conduct at issue was not merely tinged with offensive . . . connotations"
Meritor Sav. Bank v. Vinson
477 U.S. 57 (1986) Cited 6,506 times 18 Legal Analyses
Holding that sexual harassment may be actionable under Title VII as discrimination on the basis of sex if it is sufficiently severe and pervasive
Paul v. Davis
424 U.S. 693 (1976) Cited 5,468 times 7 Legal Analyses
Holding that a privacy-based defamation claim, standing alone, is not actionable in a § 1983 suit
Albino v. Baca
747 F.3d 1162 (9th Cir. 2014) Cited 3,704 times
Holding that the prisoner has the burden "to come forward with evidence showing that there is something in his particular case that made the existing and generally available administrative remedies effectively unavailable to him"
U.S. v. Ritchie
342 F.3d 903 (9th Cir. 2003) Cited 3,722 times 2 Legal Analyses
Holding that a court may consider "certain materials—documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice—without converting the motion to dismiss into a motion for summary judgment"
Ledbetter v. Goodyear Tire & Rubber Co.
550 U.S. 618 (2007) Cited 522 times 32 Legal Analyses
Holding that statute of limitations barred suit for wage discrimination despite difficulty in discovering such discrimination
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 157,731 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 98,051 times 136 Legal Analyses
Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
Section 2000e - Definitions
42 U.S.C. § 2000e Cited 51,683 times 129 Legal Analyses
Granting EEOC authority to issue procedural regulations to carry out Title VII provisions
Section 2302 - Prohibited personnel practices
5 U.S.C. § 2302 Cited 1,496 times 20 Legal Analyses
Protecting the disclosure of "any violation of any law, rule, or regulation ... if such disclosure is not specifically prohibited by law"
Section 1003.0 - [Effective 7/29/2024] Executive Office for Immigration Review
8 C.F.R. § 1003.0 Cited 24 times
Establishing Executive Office for Immigration Review under control of Attorney General
Section 2635.502 - [Effective until 8/15/2024] Personal and business relationships
5 C.F.R. § 2635.502 Cited 20 times 4 Legal Analyses
Providing that an executive-branch employee should not participate in matters involving "[a]ny person for whom the employee has, within the last year, served as . . . attorney."
Section 2635.106 - [Effective until 8/15/2024] Disciplinary and corrective action
5 C.F.R. § 2635.106 Cited 17 times
(a) Except as provided in § 2635.107 , a violation of this part or of supplemental agency regulations may be cause for appropriate corrective or disciplinary action to be taken under applicable Governmentwide regulations or agency procedures. Such action may be in addition to any action or penalty prescribed by law. (b) It is the responsibility of the employing agency to initiate appropriate disciplinary or corrective action in individual cases. However, corrective action may be ordered or disciplinary

Afsaneh Ashley Tabaddor v. Eric H. Holder Jr. et al

59 Cited authorities

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 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"

Holding that a jury could find a reassignment from a position with "an indication of prestige" to one involving less desirable responsibilities "would have been materially adverse to a reasonable employee"

Holding limitations period for hostile-work-environment claim runs from the last act composing the claim

Holding that "[w]hatever evidentiary route the plaintiff chooses to follow, he or she must always prove that the conduct at issue was not merely tinged with offensive . . . connotations"

Holding that sexual harassment may be actionable under Title VII as discrimination on the basis of sex if it is sufficiently severe and pervasive

Holding that a privacy-based defamation claim, standing alone, is not actionable in a § 1983 suit

Holding that the prisoner has the burden "to come forward with evidence showing that there is something in his particular case that made the existing and generally available administrative remedies effectively unavailable to him"

Holding that a court may consider "certain materials—documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice—without converting the motion to dismiss into a motion for summary judgment"

Holding that statute of limitations barred suit for wage discrimination despite difficulty in discovering such discrimination

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

Protecting the disclosure of "any violation of any law, rule, or regulation ... if such disclosure is not specifically prohibited by law"

Establishing Executive Office for Immigration Review under control of Attorney General

Providing that an executive-branch employee should not participate in matters involving "[a]ny person for whom the employee has, within the last year, served as . . . attorney."