88 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,314 times 280 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 269,063 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 16,885 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"
Nat'l R.R. Passenger Corp. v. Morgan
536 U.S. 101 (2002) Cited 10,316 times 31 Legal Analyses
Holding limitations period for hostile-work-environment claim runs from the last act composing the claim
Clark Cty. Sch. Dist. v. Breeden
532 U.S. 268 (2001) Cited 5,398 times 12 Legal Analyses
Holding that the temporal proximity requirement to establish a prima facie case "between an employer's knowledge of protected activity and an adverse employment action as sufficient evidence" must be "very close"
Bennett v. Spear
520 U.S. 154 (1997) Cited 3,710 times 35 Legal Analyses
Holding that a Final Biological Opinion has "legal consequences," even though the action agency is not legally obligated to accept the opinion's recommendations or conclusions, because the opinion "alter the legal regime to which the action agency is subject"
Associated General Contractors v. Carpenters
459 U.S. 519 (1983) Cited 5,059 times 34 Legal Analyses
Holding that a union lacked standing to sue for injuries passed on to it by intermediaries
Delaware State College v. Ricks
449 U.S. 250 (1980) Cited 2,347 times 6 Legal Analyses
Holding a claim began to accrue when a board made the final decision to deny tenure, not after the subsequent grievance procedure to the same board
Brown v. General Services Administration
425 U.S. 820 (1976) Cited 2,249 times
Holding that federal employee who missed deadline for filing Title VII claim could not bring suit based on alleged discriminatory conduct under Declaratory Judgment Act
Villiarimo v. Aloha Island Air, Inc.
281 F.3d 1054 (9th Cir. 2002) Cited 2,815 times
Holding that summary judgment was appropriate even where the decision-maker's reason is "foolish or trivial or even baseless"
Section 455 - Disqualification of justice, judge, or magistrate judge
28 U.S.C. § 455 Cited 11,114 times 29 Legal Analyses
Setting forth standards of recusal
Rule 25 - Substitution of Parties
Fed. R. Civ. P. 25 Cited 10,806 times 11 Legal Analyses
Providing for the automatic substitution at the district-court level of public officers sued in their official capacities
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 7121 - Grievance procedures
5 U.S.C. § 7121 Cited 479 times 4 Legal Analyses
Explaining 5 U.S.C. § 7703 applies to the review of an arbitrator's award in this court "in the same manner and under the same conditions as if the matter had been decided by the Board"
Section 1214 - Investigation of prohibited personnel practices; corrective action
5 U.S.C. § 1214 Cited 319 times 2 Legal Analyses
Setting a 60-day deadline, which the regulation extends to 65
Section 7103 - Definitions; application
5 U.S.C. § 7103 Cited 232 times 2 Legal Analyses
Granting President power to exclude certain kinds of agencies from coverage under the Labor–Management Statute
Section 7106 - Management rights
5 U.S.C. § 7106 Cited 189 times
Specifying the management rights over which agencies have no duty to bargain
Section 1240.1 - Immigration judges
8 C.F.R. § 1240.1 Cited 167 times
Granting immigration judge in removal proceeding authority to determine applications for adjustment of status
Section 1003.10 - [Effective until 7/29/2024] Immigration judges
8 C.F.R. § 1003.10 Cited 84 times
Authorizing Director to "designate . . . temporary immigration judges for renewable terms not to exceed six months"
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
Section 1003.9 - [Effective 7/29/2024] Office of the Chief Immigration Judge
8 C.F.R. § 1003.9 Cited 7 times
(a)Organization. Within the Executive Office for Immigration Review, there shall be an Office of the Chief Immigration Judge (OCIJ), consisting of the Chief Immigration Judge, the immigration judges, and such other staff as the Director deems necessary. The Attorney General shall appoint the Chief Immigration Judge. The Director may designate immigration judges to serve as Deputy and Assistant Chief Immigration Judges as may be necessary to assist the Chief Immigration Judge in the management of
Section 2635.102 - [Effective 8/15/2024] Definitions
5 C.F.R. § 2635.102 Cited 5 times
Providing that officers in the uniformed services are employees of the DoD

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

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

Holding that the temporal proximity requirement to establish a prima facie case "between an employer's knowledge of protected activity and an adverse employment action as sufficient evidence" must be "very close"

Holding that a Final Biological Opinion has "legal consequences," even though the action agency is not legally obligated to accept the opinion's recommendations or conclusions, because the opinion "alter the legal regime to which the action agency is subject"

Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

Holding a claim began to accrue when a board made the final decision to deny tenure, not after the subsequent grievance procedure to the same board

Holding that federal employee who missed deadline for filing Title VII claim could not bring suit based on alleged discriminatory conduct under Declaratory Judgment Act

Holding that summary judgment was appropriate even where the decision-maker's reason is "foolish or trivial or even baseless"

Setting forth standards of recusal

Providing for the automatic substitution at the district-court level of public officers sued in their official capacities

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

Explaining 5 U.S.C. § 7703 applies to the review of an arbitrator's award in this court "in the same manner and under the same conditions as if the matter had been decided by the Board"

Setting a 60-day deadline, which the regulation extends to 65

Granting President power to exclude certain kinds of agencies from coverage under the Labor–Management Statute

Specifying the management rights over which agencies have no duty to bargain

Granting immigration judge in removal proceeding authority to determine applications for adjustment of status

Authorizing Director to "designate . . . temporary immigration judges for renewable terms not to exceed six months"

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."

Providing that officers in the uniformed services are employees of the DoD