Ashcroft v. Iqbal

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

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' "

Erickson v. Pardus

Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

Winter v. Natural Res. Def. Council, Inc.

Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

Federated Department Stores, Inc. v. Moitie

Holding that considerations of fairness and equity do not vitiate the res judicata effect of a previous, unappealed judgment, even if that judgment "rest on a legal principle subsequently overruled in another case"

Francis v. Giacomelli

Holding that the defendant was entitled to qualified immunity since "his actions were not clearly unlawful when performed"

Edwards v. City of Goldsboro

Holding that First Amendment rights of an off-duty officer communicating about concealed weapons were sufficiently established by precedent regarding off-duty officer's entertainment performances

Weller v. Dept. of Soc. Serv. for Baltimore

Holding that while some procedures are sufficient "when visitation and placement decisions are at stake, we believe that the greater liberty interest inherent in the custody of one's child requires something more"

Giarratano v. Johnson

Holding a court need not accept as true a complaint's legal conclusions, "unwarranted inferences, unreasonable conclusions, or arguments."

Gordon v. Leeke

Holding that a pro se litigant's pleadings should be construed liberally to avoid inequity

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

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

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

Rule 41 - Dismissal of Actions

Holding that such dismissal "operates as an adjudication on the merits"

Section 7703 - Judicial review of decisions of the Merit Systems Protection Board

Granting sixty days to appeal a decision of the MSPB

Section 2302 - Prohibited personnel practices

Protecting the disclosure of "any violation of any law, rule, or regulation ... if such disclosure is not specifically prohibited by law"

Section 4301 - Purposes; sense of Congress

Adopting Alabama Power for USERRA

Section 7512 - Actions covered

Covering "a removal"

Section 1221 - Individual right of action in certain reprisal cases

Providing for an award of attorney's fees to the "prevailing party," "regardless of the basis of the decision"

Section 1214 - Investigation of prohibited personnel practices; corrective action

Setting a 60-day deadline, which the regulation extends to 65

Section 3330a - Preference eligibles; administrative redress

Requiring preference eligible status as defined in 5 U.S.C. § 2108

Section 1201.56 - Burden and degree of proof

Identifying "harmful error in the application of the agency's procedures" as an affirmative defense

Section 1201.115 - Criteria for granting petition or cross petition for review

Noting that one permissible rationale for granting a petition for review is if "[n]ew and material evidence or legal argument" becomes available that, "despite the petitioner's due diligence, was not available when the record closed"

Section 1201.114 - Petition and cross petition for review - content and procedure

Section 1201.4 - General definitions

Defining the term "appeal" to the Board as " request for review of an agency action"

Section 1209.2 - Jurisdiction

Stating the elements the appellant has the burden of proving "[o]nce jurisdiction has been established"

Section 1209.4 - Definitions

Section 1201.14 - Electronic filing procedures