42 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,882 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 277,112 times   369 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
  3. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 17,303 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"
  4. Caterpillar Inc. v. Williams

    482 U.S. 386 (1987)   Cited 11,591 times   8 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"
  5. DelCostello v. Teamsters

    462 U.S. 151 (1983)   Cited 3,352 times
    Holding that a claim for breach of the duty of fair representation must be filed within six months after it accrues
  6. Starr v. Baca

    652 F.3d 1202 (9th Cir. 2011)   Cited 5,504 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
  7. Allis-Chalmers Corp. v. Lueck

    471 U.S. 202 (1985)   Cited 2,752 times   4 Legal Analyses
    Holding that § 301 does not preempt state law claims based on non-negotiable, independent rights
  8. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,404 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'"
  9. Lingle v. Norge Division of Magic Chef, Inc.

    486 U.S. 399 (1988)   Cited 2,086 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
  10. Abrego Abrego v. the Dow Chemical Co.

    443 F.3d 676 (9th Cir. 2006)   Cited 4,533 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
  11. 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 358,269 times   949 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,307 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Section 185 - Suits by and against labor organizations

    29 U.S.C. § 185   Cited 14,698 times   14 Legal Analyses
    Granting federal district courts jurisdiction over breach of contract claims arising out of collective bargaining contracts
  14. Section 12940 - Unlawful employment practices

    Cal. Gov. Code § 12940   Cited 1,016 times
    Prohibiting discrimination because of "sex, ... sexual orientation," etc.