28 Cited authorities

Nat'l R.R. Passenger Corp. v. Morgan
536 U.S. 101 (2002) Cited 10,367 times 31 Legal Analyses
Holding limitations period for hostile-work-environment claim runs from the last act composing the claim
Harris v. Forklift Sys., Inc.
510 U.S. 17 (1993) Cited 12,438 times 23 Legal Analyses
Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"
Faragher v. Boca Raton
524 U.S. 775 (1998) Cited 9,354 times 100 Legal Analyses
Holding that, to be actionable, the alleged conduct "must be extreme" and "the sporadic use of abusive language, gender-related jokes, and occasional teasing" are not enough
Conley v. Gibson
355 U.S. 41 (1957) Cited 58,782 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Foman v. Davis
371 U.S. 178 (1962) Cited 29,015 times 4 Legal Analyses
Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal
Meritor Sav. Bank v. Vinson
477 U.S. 57 (1986) Cited 6,524 times 18 Legal Analyses
Holding that sexual harassment may be actionable under Title VII as discrimination on the basis of sex if it is sufficiently severe and pervasive
Havens Realty Corp. v. Coleman
455 U.S. 363 (1982) Cited 2,050 times 14 Legal Analyses
Holding that an organization suffers injury in fact when its key activities are "perceptibly impaired" and its resources "consequent[ly] drain[ed]"
Bustos v. Martini Club Inc.
599 F.3d 458 (5th Cir. 2010) Cited 774 times
Holding that the plaintiff's claims against individual police officers were correctly dismissed pursuant to section 101.106(e) because he had sued both the governmental entity and the officers for the same alleged violations under a tort theory of liability
Hernandez v. Yellow Transp. Inc.
670 F.3d 644 (5th Cir. 2012) Cited 707 times 1 Legal Analyses
Holding that a plaintiff being called a racially derogatory term and seeing a poster or letter that was derogatory about Hispanics was not sufficient to support a hostile work environment claim
Kaiser Aluminum, Etc. v. Avondale Shipyards
677 F.2d 1045 (5th Cir. 1982) Cited 1,986 times 2 Legal Analyses
Holding that, when a counterclaim showed that a contract was executed outside the limitations period, the "counterclaim on its face appears to reveal the existence of an affirmative defense to it, which would make the granting of a Rule 12(b) dismissal proper"
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
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 91,980 times 91 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,480 times 16 Legal Analyses
Allowing service by filing papers with the court's electronic-filing system

Beaty et al v. The Hillshire Brands Company et al

28 Cited authorities

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

Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"

Holding that, to be actionable, the alleged conduct "must be extreme" and "the sporadic use of abusive language, gender-related jokes, and occasional teasing" are not enough

Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

Holding that sexual harassment may be actionable under Title VII as discrimination on the basis of sex if it is sufficiently severe and pervasive

Holding that an organization suffers injury in fact when its key activities are "perceptibly impaired" and its resources "consequent[ly] drain[ed]"

Holding that the plaintiff's claims against individual police officers were correctly dismissed pursuant to section 101.106(e) because he had sued both the governmental entity and the officers for the same alleged violations under a tort theory of liability

Holding that a plaintiff being called a racially derogatory term and seeing a poster or letter that was derogatory about Hispanics was not sufficient to support a hostile work environment claim

Holding that, when a counterclaim showed that a contract was executed outside the limitations period, the "counterclaim on its face appears to reveal the existence of an affirmative defense to it, which would make the granting of a Rule 12(b) dismissal proper"

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

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Allowing service by filing papers with the court's electronic-filing system