92 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 262,357 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 275,664 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. Burlington N. & Santa Fe Ry. Co. v. White

    548 U.S. 53 (2006)   Cited 11,556 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"
  4. Wal-Mart Stores, Inc. v. Dukes

    564 U.S. 338 (2011)   Cited 6,842 times   508 Legal Analyses
    Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”
  5. Gen. Tel. Co. of Sw. v. Falcon

    457 U.S. 147 (1982)   Cited 5,756 times   33 Legal Analyses
    Holding that named plaintiff must prove “much more than the validity of his own claim”; the individual plaintiff must show that “the individual's claim and the class claims will share common questions of law or fact and that the individual's claim will be typical of the class claims,” explicitly referencing the “commonality” and “typicality” requirements of Rule 23
  6. Hazen Paper Co. v. Biggins

    507 U.S. 604 (1993)   Cited 1,933 times   14 Legal Analyses
    Holding that age and years of service, pension status, or seniority are "analytically distinct" and an employer may rely on one while ignoring the other
  7. O'Shea v. Littleton

    414 U.S. 488 (1974)   Cited 4,183 times   5 Legal Analyses
    Holding that "[p]ast exposure to illegal conduct does not in itself show a present case or controversy regarding injunctive relief ... if unaccompanied by any continuing, present adverse effects"
  8. Patterson v. County of Oneida, N.Y

    375 F.3d 206 (2d Cir. 2004)   Cited 3,217 times   2 Legal Analyses
    Holding in a 42 U.S.C. §§ 1981 and 1983 context that, “[a]lthough a single incident ordinarily will not give rise to a cognizable claim for hostile work environment, ... [where the plaintiff was subjected to] a physical assault in which [he] was punched in the ribs and ... temporarily blinded by having mace sprayed in his eyes [w]e cannot say that, as a matter of law, such an incident is not sufficiently severe, in all the circumstances, to create a hostile work environment”
  9. Smith v. City of Jackson

    544 U.S. 228 (2005)   Cited 664 times   57 Legal Analyses
    Holding that "when Congress uses the same language in two statutes having similar purposes, particularly when one is enacted shortly after the other, it is appropriate to presume that Congress intended that text to have the same meaning in both statutes."
  10. Hayden v. Paterson

    594 F.3d 150 (2d Cir. 2010)   Cited 1,659 times
    Holding that the race-neutral reenactment of a state constitution's felon disenfranchisement provision erased the discriminatory taint of earlier enactments
  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 161,416 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  12. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 52,278 times   130 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions
  13. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,754 times   1245 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
  14. Section 2000e-2 - Unlawful employment practices

    42 U.S.C. § 2000e-2   Cited 28,970 times   171 Legal Analyses
    Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”
  15. Section 2000e-5 - Enforcement provisions

    42 U.S.C. § 2000e-5   Cited 27,290 times   124 Legal Analyses
    Holding charges must be made in writing, under oath, and contain all information as the Commission requires
  16. Section 216 - Penalties

    29 U.S.C. § 216   Cited 16,735 times   143 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”
  17. Section 206 - Minimum wage

    29 U.S.C. § 206   Cited 9,012 times   101 Legal Analyses
    Asking only whether the alleged inequality resulted from “any other factor other than sex”
  18. Section 1620.13 - "Equal Work"-What it means

    29 C.F.R. § 1620.13   Cited 125 times
    Recognizing that application of the equal pay standard is a fact-intensive inquiry that must be determined on a case-by-case basis
  19. Section 1620.9 - Meaning of "establishment."

    29 C.F.R. § 1620.9   Cited 57 times
    Stating that “each physically separate place of business is ordinarily considered a separate establishment”
  20. Section 1620.33 - Recovery of wages due; injunctions; penalties for willful violations

    29 C.F.R. § 1620.33   Cited 7 times

    (a) Wages withheld in violation of the Act have the status of unpaid minimum wages or unpaid overtime compensation under the FLSA. This is true both of the additional wages required by the Act to be paid to an employee to meet the equal pay standard, and of any wages that the employer should have paid an employee whose wages he reduced in violation of the Act in an attempt to equalize his or her pay with that of an employee of the opposite sex performing equal work, on jobs subject to the Act. (b)