26 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 267,813 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 280,791 times 369 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
Conley v. Gibson
355 U.S. 41 (1957) Cited 59,382 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"
Lachance v. Duffy's Draft House
146 F.3d 832 (11th Cir. 1998) Cited 1,748 times
Holding that we lacked jurisdiction over a post-judgment order awarding attorney's fees where the motion for attorney's fees was not filed until after the notice of appeal and the plaintiff failed to file an amended notice of appeal from the order awarding fees
Davis v. Town of Lake Park
245 F.3d 1232 (11th Cir. 2001) Cited 907 times
Holding that job performance memoranda rarely constitute adverse employment actions
Lucas v. W.W. Grainger, Inc.
257 F.3d 1249 (11th Cir. 2001) Cited 626 times 2 Legal Analyses
Holding that in reviewing a district court's decision on a motion for summary judgment de novo, the decision can be affirmed “on any ground that finds support in the record,” including an alternate ground
Strickland v. Water Works and Sewer Bd.
239 F.3d 1199 (11th Cir. 2001) Cited 628 times 1 Legal Analyses
Holding that an employee with diabetes had an unforeseeable need for leave when he "suffer[ed] a debilitating diabetic attack"
Franklin v. Curry
738 F.3d 1246 (11th Cir. 2013) Cited 407 times 1 Legal Analyses
Holding that in evaluating whether a complaint states a claim under § 1983 against a supervisor for the violation of the plaintiff's constitutional rights, the court must first identify the precise constitutional violation charged, e.g., deliberate indifference, and then determine whether the complaint alleges the required elements against the supervisor
Willis v. Conopco, Inc.
108 F.3d 282 (11th Cir. 1997) Cited 271 times
Holding undue hardship is a complete defense to ADA liability
Pereda v. Brookdale Senior Living Cmtys., Inc.
666 F.3d 1269 (11th Cir. 2012) Cited 148 times 3 Legal Analyses
Holding that FMLA interference claim was cognizable even though plaintiff was terminated before she could take requested maternity leave
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 362,607 times 962 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 164,455 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 12112 - Discrimination
42 U.S.C. § 12112 Cited 13,997 times 159 Legal Analyses
Recognizing failure to accommodate as form of discrimination
Section 1630.2 - Definitions
29 C.F.R. § 1630.2 Cited 8,550 times 141 Legal Analyses
Holding that major life activity is substantially limited if plaintiff is "significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities"
Section 825.216 - Limitations on an employee's right to reinstatement
29 C.F.R. § 825.216 Cited 585 times 12 Legal Analyses
Explaining that employers are permitted to "deny restoration to employment" if they can "show that an employee would not otherwise have been employed at the time reinstatement is requested"
Section 1630.9 - Not making reasonable accommodation
29 C.F.R. § 1630.9 Cited 473 times 6 Legal Analyses
Providing that if an “individual rejects a reasonable accommodation . . . and cannot, as a result of that rejection, perform the essential functions of the position, the individual will not be considered qualified”

Davis v. Yellowpages.Com Llc et al

26 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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 "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 we lacked jurisdiction over a post-judgment order awarding attorney's fees where the motion for attorney's fees was not filed until after the notice of appeal and the plaintiff failed to file an amended notice of appeal from the order awarding fees

Holding that job performance memoranda rarely constitute adverse employment actions

Holding that in reviewing a district court's decision on a motion for summary judgment de novo, the decision can be affirmed “on any ground that finds support in the record,” including an alternate ground

Holding that an employee with diabetes had an unforeseeable need for leave when he "suffer[ed] a debilitating diabetic attack"

Holding undue hardship is a complete defense to ADA liability

Holding that FMLA interference claim was cognizable even though plaintiff was terminated before she could take requested maternity leave

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. . . ."

Recognizing failure to accommodate as form of discrimination

Holding that major life activity is substantially limited if plaintiff is "significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities"

Explaining that employers are permitted to "deny restoration to employment" if they can "show that an employee would not otherwise have been employed at the time reinstatement is requested"

Providing that if an “individual rejects a reasonable accommodation . . . and cannot, as a result of that rejection, perform the essential functions of the position, the individual will not be considered qualified”