37 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,459 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,381 times 365 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Nat'l R.R. Passenger Corp. v. Morgan
536 U.S. 101 (2002) Cited 10,255 times 31 Legal Analyses
Holding limitations period for hostile-work-environment claim runs from the last act composing the claim
Univ. of Tex. Sw. Med. Ctr. v. Nassar
570 U.S. 338 (2013) Cited 5,207 times 78 Legal Analyses
Holding that application of the " ‘because’ of" requirement of Title VII's antiretaliation provision requires proof of "but-for" causation
Faragher v. Boca Raton
524 U.S. 775 (1998) Cited 9,280 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
Hishon v. King Spalding
467 U.S. 69 (1984) Cited 12,435 times 7 Legal Analyses
Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job
In re Burlington Coat Factory
114 F.3d 1410 (3d Cir. 1997) Cited 7,643 times 4 Legal Analyses
Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss
Venture Associates v. Zenith Data Systems
987 F.2d 429 (7th Cir. 1993) Cited 1,785 times 2 Legal Analyses
Holding "minor, non-substantive changes" in response to offer prevented contract formation under Illinois law
International Audiotext Network, Inc. v. AT&T
62 F.3d 69 (2d Cir. 1995) Cited 1,347 times 3 Legal Analyses
Holding that if a complaint "relies heavily upon [a contract's] terms and effect" the contract may be considered at the 12(b) stage even if the contract is not incorporated in or attached to the complaint
Tomanovich v. City of Inidanapolis
457 F.3d 656 (7th Cir. 2006) Cited 672 times 1 Legal Analyses
Holding that an official complaint qualifies as a statutorily protected activity if the complaint "indicate the discrimination occurred because of sex" or another protected class
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 345,620 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 2000e-3 - Other unlawful employment practices
42 U.S.C. § 2000e-3 Cited 14,416 times 43 Legal Analyses
Prohibiting retaliation against employees who "oppos[e] any [unlawful] practice"
Section 8116 - Limitations on right to receive compensation
5 U.S.C. § 8116 Cited 421 times
Providing that the "liability of the United States or an instrumentality thereof under this subchapter or any extension thereof with respect to the injury or death of an employee is exclusive . . . However, this subsection does not apply to a master or a member of a crew of a vessel"
Section 8128 - Review of award
5 U.S.C. § 8128 Cited 381 times
Stating that the "action of the Secretary . . . in allowing or denying a payment" of FECA benefits is "final and conclusive for all purposes and with respect to all questions of law and fact" and "not subject to review by another official of the United States or by a court by mandamus or otherwise."

Clemens v. Fanning et al

37 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

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

Holding that application of the " ‘because’ of" requirement of Title VII's antiretaliation provision requires proof of "but-for" causation

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 Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job

Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss

Holding "minor, non-substantive changes" in response to offer prevented contract formation under Illinois law

Holding that if a complaint "relies heavily upon [a contract's] terms and effect" the contract may be considered at the 12(b) stage even if the contract is not incorporated in or attached to the complaint

Holding that an official complaint qualifies as a statutorily protected activity if the complaint "indicate the discrimination occurred because of sex" or another protected class

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

Prohibiting retaliation against employees who "oppos[e] any [unlawful] practice"

Providing that the "liability of the United States or an instrumentality thereof under this subchapter or any extension thereof with respect to the injury or death of an employee is exclusive . . . However, this subsection does not apply to a master or a member of a crew of a vessel"