25 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 254,855 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 268,629 times 366 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' "
Maldonado v. Fontanes
568 F.3d 263 (1st Cir. 2009) Cited 864 times
Holding that a consensus of three circuits was sufficient to establish that the killing of a pet was a seizure within the meaning of the Fourth Amendment
Alt. Energy v. St. Paul Fire Marine
267 F.3d 30 (1st Cir. 2001) Cited 756 times
Holding that a contract is ambiguous only when it is "reasonably susceptible of different interpretations"
Hatch v. Dept. for Children, Youth Families
274 F.3d 12 (1st Cir. 2001) Cited 307 times
Holding that, when a nine-year-old boy asserted that he had been abused, (b) two school officials took the boy's claim seriously, and (c) a neutral physician reported that the boy's injuries were consistent with the claim of abuse, the defendant state official was entitled to qualified immunity because the official "had a reasonable basis both for suspecting child abuse and for believing [a child] to be in danger," and noting that "[t]he fact that this suspicion proved, in the long run, to be unfounded does not strip [the defendant] of his entitlement to qualified immunity"
Lattimore v. Polaroid Corp.
99 F.3d 456 (1st Cir. 1996) Cited 258 times
Holding hostile work environment claim was not within scope of administrative investigation when plaintiff's charge made "no mention of [the alleged harasser] or any incidents of harassment" and was based on "qualitatively and temporally" different facts and "the conduct of different individuals"
Cuddyer v. the Stop Shop Supermarket Co.
434 Mass. 521 (Mass. 2001) Cited 195 times
Holding that an administrative claim of a hostile work environment was timely filed with the MCAD because one of the acts of discrimination occurred within six months of the filing
Thornton v. United Par. Ser
587 F.3d 27 (1st Cir. 2009) Cited 139 times 2 Legal Analyses
Affirming district court's finding that employee was not "adversely affected" by his work assignments because "at all relevant times, [the employee] selected his own work assignments"
Ward v. Massachusetts Health Research Institute
209 F.3d 29 (1st Cir. 2000) Cited 151 times
Holding that an employer's failure to show that a scheduling accommodation for an arthritic employee was unreasonable precluded entry of summary judgment in favor of the employer
Ocean Spray Cranberries v. Massachusetts Commission
441 Mass. 632 (Mass. 2004) Cited 118 times
Holding that the statutory period begins to run even in the face of "equivocal action or inaction" by the employer if the employee had adequate notice that his request would not be accommodated
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 348,148 times 927 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 157,408 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 151B:4 - Unlawful practices
Mass. Gen. Laws ch. 151B § 4 Cited 873 times 15 Legal Analyses
Prohibiting discrimination because of "sex, ... sexual orientation," etc.
Section 151B:5 - Complaint; procedure; limitations; bar to proceeding; award of damages
Mass. Gen. Laws ch. 151B § 5 Cited 248 times 1 Legal Analyses
Granting the Commission the authority to enforce violations of "sections ninety-two A, ninety-eight and ninety-eight A of chapter two hundred and seventy-two"

Cook v. Entergy Nuclear Operations, Inc.

25 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 that a consensus of three circuits was sufficient to establish that the killing of a pet was a seizure within the meaning of the Fourth Amendment

Holding that a contract is ambiguous only when it is "reasonably susceptible of different interpretations"

Holding hostile work environment claim was not within scope of administrative investigation when plaintiff's charge made "no mention of [the alleged harasser] or any incidents of harassment" and was based on "qualitatively and temporally" different facts and "the conduct of different individuals"

Holding that an administrative claim of a hostile work environment was timely filed with the MCAD because one of the acts of discrimination occurred within six months of the filing

Affirming district court's finding that employee was not "adversely affected" by his work assignments because "at all relevant times, [the employee] selected his own work assignments"

Holding that an employer's failure to show that a scheduling accommodation for an arthritic employee was unreasonable precluded entry of summary judgment in favor of the employer

Holding that the statutory period begins to run even in the face of "equivocal action or inaction" by the employer if the employee had adequate notice that his request would not be accommodated

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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Prohibiting discrimination because of "sex, ... sexual orientation," etc.

Granting the Commission the authority to enforce violations of "sections ninety-two A, ninety-eight and ninety-eight A of chapter two hundred and seventy-two"