44 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 271,409 times 281 Legal Analyses
Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 284,187 times 370 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
Caterpillar Inc. v. Williams
482 U.S. 386 (1987) Cited 11,828 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"
Conley v. Gibson
355 U.S. 41 (1957) Cited 59,590 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"
DelCostello v. Teamsters
462 U.S. 151 (1983) Cited 3,371 times
Holding that a claim for breach of the duty of fair representation must be filed within six months after it accrues
Allis-Chalmers Corp. v. Lueck
471 U.S. 202 (1985) Cited 2,776 times 4 Legal Analyses
Holding that § 301 does not preempt state law claims based on non-negotiable, independent rights
Am. Express Co. v. Italian Colors Rest.
570 U.S. 228 (2013) Cited 712 times 32 Legal Analyses
Holding that a class waiver in an arbitration agreement is enforceable under the FAA even when a plaintiff shows that the waiver will prevent her from vindicating her statutory rights
Vaca v. Sipes
386 U.S. 171 (1967) Cited 4,218 times 2 Legal Analyses
Holding that, under the LMRA, an "individual employee has absolute right to have his grievance taken to arbitration regardless of the provisions of the applicable collective bargaining agreement"
Textile Workers v. Lincoln Mills
353 U.S. 448 (1957) Cited 2,328 times 1 Legal Analyses
Holding that § 301 expresses a federal policy in favor of the enforceability of labor contracts
Steelworkers v. Rawson
495 U.S. 362 (1990) Cited 574 times 1 Legal Analyses
Holding that union could contractually undertake, in collective bargaining agreement, other duties towards member employees in addition to statutorily-imposed duty of fair representation
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 166,425 times 198 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1367 - Supplemental jurisdiction
28 U.S.C. § 1367 Cited 65,917 times 86 Legal Analyses
Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"
Section 185 - Suits by and against labor organizations
29 U.S.C. § 185 Cited 14,793 times 14 Legal Analyses
Granting federal district courts jurisdiction over breach of contract claims arising out of collective bargaining contracts
Section 755 ILCS 5/27-6 - Actions which survive
755 ILCS 5/27-6 Cited 414 times 2 Legal Analyses
Listing "actions to recover damages for an injury to the person" as a survivable action

Boogaard, et al v. National Hockey League

44 Cited authorities

Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

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

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

Holding that a class waiver in an arbitration agreement is enforceable under the FAA even when a plaintiff shows that the waiver will prevent her from vindicating her statutory rights

Holding that, under the LMRA, an "individual employee has absolute right to have his grievance taken to arbitration regardless of the provisions of the applicable collective bargaining agreement"

Holding that § 301 expresses a federal policy in favor of the enforceability of labor contracts

Holding that union could contractually undertake, in collective bargaining agreement, other duties towards member employees in addition to statutorily-imposed duty of fair representation

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

Listing "actions to recover damages for an injury to the person" as a survivable action