11 Cited authorities

  1. 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"
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 270,937 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' "
  3. 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
  4. Vega v. Hempstead Union Free Sch. Dist.

    801 F.3d 72 (2d Cir. 2015)   Cited 2,030 times   6 Legal Analyses
    Holding that a plaintiff must allege facts that give rise to a minimal inference of discriminatory motivation
  5. Kwan v. Andalex Grp. LLC

    737 F.3d 834 (2d Cir. 2013)   Cited 1,254 times   6 Legal Analyses
    Holding district court properly dismissed without considering the merits of a claim first raised in opposition to motion for summary judgment
  6. Mihalik v. Credit Agricole Cheuvreux N. Am., Inc.

    715 F.3d 102 (2d Cir. 2013)   Cited 1,205 times   4 Legal Analyses
    Holding that to succeed on an NYCHRL claim, a plaintiff must establish that he "has been treated less well at least in part" because of his membership in a protected class
  7. Bermudez v. the City of N.Y.

    783 F. Supp. 2d 560 (S.D.N.Y. 2011)   Cited 297 times
    Holding that NYSHRL and NYCHRL claims were time-barred where allegations fell outside three-year statute of limitations period
  8. Grillo v. New York City Transit Authority

    291 F.3d 231 (2d Cir. 2002)   Cited 177 times
    Holding that in order to survive summary judgment on a section 1985 claim, a plaintiff must come forward with "at least some credible evidence" that the actions of the defendants were motivated by racial animus
  9. Coleman v. BrokersXpress, LLC

    375 F. App'x 136 (2d Cir. 2010)   Cited 41 times
    Affirming district court's dismissal of pro se complaint without leave to amend after district court "afforded . . . one opportunity to amend the complaint, and [plaintiff] made no specific showing as to how he would cure the defects that persisted if given a second opportunity to amend"
  10. 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
  11. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 70,485 times   126 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time