26 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 195,191 times   262 Legal Analyses
    Holding that the sufficiency of the allegations is a legal question so appellate courts have jurisdiction to consider it on appeal from denial of qualified immunity
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 209,562 times   342 Legal Analyses
    Holding that conclusory allegations that the defendants acted unlawfully were insufficient to state a claim
  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 21,997 times   122 Legal Analyses
    Holding that a sufficient specification of when the injury in fact will occur is necessary
  4. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 53,887 times   28 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. Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit

    507 U.S. 163 (1993)   Cited 4,803 times   2 Legal Analyses
    Holding that there is no heightened pleading requirement in § 1983 suits against municipalities
  6. Bennett v. Spear

    520 U.S. 154 (1997)   Cited 3,042 times   32 Legal Analyses
    Holding that a Final Biological Opinion has "legal consequences," even though the action agency is not legally obligated to accept the opinion's recommendations or conclusions, because the opinion "alter the legal regime to which the action agency is subject"
  7. Burns Intern. Sec. Serv. v. Intern. Union Upgwa

    47 F.3d 14 (2d Cir. 1994)   Cited 226 times
    Holding that a Rule 12(c) motion should be granted when the movant is "entitled to judgment as a matter of law"
  8. Torres v. Merck

    488 F.3d 34 (1st Cir. 2007)   Cited 158 times   2 Legal Analyses
    Holding that whether the defendant operated in good faith by sending notice to an address at which the plaintiff no longer lived, when the plaintiff alleged that she gave the employer a new address before termination, could not be resolved on summary judgment
  9. Papa v. Katy Industries, Inc.

    166 F.3d 937 (7th Cir. 1999)   Cited 199 times
    Holding that an affiliate's corporate existence may be disregarded, and the affiliate held to be an employer under Title VII, in “three situations”; the traditional conditions are present to pierce the corporate veil, the affiliate splits itself into tiny corporations for the express purpose of avoiding liability under Title VII, and the parent corporation directed the discriminatory act of which the plaintiff is complaining
  10. Swallows v. Barnes Noble Book Stores, Inc.

    128 F.3d 990 (6th Cir. 1997)   Cited 202 times   1 Legal Analyses
    Holding that the plaintiff must demonstrate that the defendant was an employer within the meaning of the statute to establish liability under the ADA
  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 267,561 times   779 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 122,224 times   187 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Section 201 - Short title

    29 U.S.C. § 201   Cited 18,086 times   94 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work