28 Cited authorities

  1. Nat'l R.R. Passenger Corp. v. Morgan

    536 U.S. 101 (2002)   Cited 10,285 times   31 Legal Analyses
    Holding limitations period for hostile-work-environment claim runs from the last act composing the claim
  2. Harris v. Forklift Sys., Inc.

    510 U.S. 17 (1993)   Cited 12,346 times   23 Legal Analyses
    Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"
  3. Faragher v. Boca Raton

    524 U.S. 775 (1998)   Cited 9,291 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
  4. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,536 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"
  5. Foman v. Davis

    371 U.S. 178 (1962)   Cited 28,692 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
  6. Meritor Sav. Bank v. Vinson

    477 U.S. 57 (1986)   Cited 6,491 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
  7. Havens Realty Corp. v. Coleman

    455 U.S. 363 (1982)   Cited 2,031 times   13 Legal Analyses
    Holding that an allegation in the complaint that the plaintiff organization "has had to devote significant resources to identify and counteract the defendant's" illegal practices was sufficient to confer standing to the organization in its own right at the pleading stage
  8. Bustos v. Martini Club Inc.

    599 F.3d 458 (5th Cir. 2010)   Cited 757 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
  9. Hernandez v. Yellow Transp. Inc.

    670 F.3d 644 (5th Cir. 2012)   Cited 696 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
  10. Kaiser Aluminum, Etc. v. Avondale Shipyards

    677 F.2d 1045 (5th Cir. 1982)   Cited 1,969 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"
  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 346,675 times   923 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 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,772 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
  13. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,113 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system