42 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 260,142 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 273,590 times 368 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Papasan v. Allain
478 U.S. 265 (1986) Cited 17,092 times 6 Legal Analyses
Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"
Caterpillar Inc. v. Williams
482 U.S. 386 (1987) Cited 11,486 times 7 Legal Analyses
Holding that the rule that a federal defense does not suffice to show that a claim arises under federal law applies "even if the defense is anticipated in the plaintiff's complaint, and even if both parties concede that the federal defense is the only question truly at issue"
DelCostello v. Teamsters
462 U.S. 151 (1983) Cited 3,344 times
Holding that a claim for breach of the duty of fair representation must be filed within six months after it accrues
Starr v. Baca
652 F.3d 1202 (9th Cir. 2011) Cited 5,417 times 2 Legal Analyses
Holding that a series of investigative reports documenting systemic deficiencies in a jail put the defendant-supervisor on notice of the risk of the harm that befell the plaintiff
Allis-Chalmers Corp. v. Lueck
471 U.S. 202 (1985) Cited 2,742 times 4 Legal Analyses
Holding that § 301 does not preempt state law claims based on non-negotiable, independent rights
Balistreri v. Pacifica Police Dept
901 F.2d 696 (9th Cir. 1988) Cited 16,267 times 5 Legal Analyses
Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"
Lingle v. Norge Division of Magic Chef, Inc.
486 U.S. 399 (1988) Cited 2,076 times 3 Legal Analyses
Holding that a retaliatory discharge claim was not preempted because the elements of the state tort did not necessitate interpretation of a labor contract
Abrego Abrego v. the Dow Chemical Co.
443 F.3d 676 (9th Cir. 2006) Cited 4,505 times 14 Legal Analyses
Holding that the silence of the Class Action Fairness Act regarding the burden of proving removal jurisdiction indicated Congressional intent to leave intact the common law rule placing the burden on the defendant
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 354,229 times 943 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 160,289 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 185 - Suits by and against labor organizations
29 U.S.C. § 185 Cited 14,643 times 13 Legal Analyses
Granting federal district courts jurisdiction over breach of contract claims arising out of collective bargaining contracts
Section 12940 - Unlawful employment practices
Cal. Gov. Code § 12940 Cited 981 times
Prohibiting discrimination because of "sex, ... sexual orientation," etc.

Alfred Hayes et al v. Southern California Permanente Medical Group et al

42 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

Holding that the rule that a federal defense does not suffice to show that a claim arises under federal law applies "even if the defense is anticipated in the plaintiff's complaint, and even if both parties concede that the federal defense is the only question truly at issue"

Holding that a claim for breach of the duty of fair representation must be filed within six months after it accrues

Holding that a series of investigative reports documenting systemic deficiencies in a jail put the defendant-supervisor on notice of the risk of the harm that befell the plaintiff

Holding that § 301 does not preempt state law claims based on non-negotiable, independent rights

Holding that a retaliatory discharge claim was not preempted because the elements of the state tort did not necessitate interpretation of a labor contract

Holding that the silence of the Class Action Fairness Act regarding the burden of proving removal jurisdiction indicated Congressional intent to leave intact the common law rule placing the burden on the defendant

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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

Granting federal district courts jurisdiction over breach of contract claims arising out of collective bargaining contracts

Prohibiting discrimination because of "sex, ... sexual orientation," etc.