27 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,477 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Burlington N. & Santa Fe Ry. Co. v. White
548 U.S. 53 (2006) Cited 11,584 times 104 Legal Analyses
Holding that a jury could find a reassignment from a position with "an indication of prestige" to one involving less desirable responsibilities "would have been materially adverse to a reasonable employee"
McNeil v. United States
508 U.S. 106 (1993) Cited 6,951 times
Holding that an action must be dismissed when statutory exhaustion requirement was not met until after action was filed
Oncale v. Sundowner Offshore Servs., Inc.
523 U.S. 75 (1998) Cited 5,270 times 50 Legal Analyses
Holding that "[w]hatever evidentiary route the plaintiff chooses to follow, he or she must always prove that the conduct at issue was not merely tinged with offensive . . . connotations"
Cuoco v. Moritsugu
222 F.3d 99 (2d Cir. 2000) Cited 4,853 times
Holding that a pro se plaintiff should be "grant[ed] leave to amend at least once when a liberal reading of the complaint gives any indication that a valid claim might be stated" but leave to amend may be properly denied as "futile"
Jourdan v. Jabe
951 F.2d 108 (6th Cir. 1991) Cited 3,468 times
Holding that a pro se litigant has an affirmative duty to diligently pursue the prosecution of his cause of action
Patane v. Clark
508 F.3d 106 (2d Cir. 2007) Cited 1,630 times 3 Legal Analyses
Holding plaintiff adequately pleaded Title VII retaliation because she "allege[d] that she specifically overheard [defendant's employees] conspiring to drive her out of her job and that [one employee] issued a negative performance review that specifically complain[ed] about her attitude towards [him]," and therefore her allegation of causal connection was "not based only—or even primarily—on temporal proximity"
Traguth v. Zuck
710 F.2d 90 (2d Cir. 1983) Cited 1,880 times
Holding that when the party against whom the default is entered is a pro se defendant, courts must be particularly sensitive to the defendant's ability to protect his or her rights
LoSacco v. City of Middletown
71 F.3d 88 (2d Cir. 1995) Cited 686 times
Holding that issues not raised in an appellate brief are abandoned
Maas v. Cornell University
94 N.Y.2d 87 (N.Y. 1999) Cited 579 times
Holding that Cornell's failure to follow its internal policies and procedures did not provide basis for breach of contract claim
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 357,835 times 950 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1915 - Proceedings in forma pauperis
28 U.S.C. § 1915 Cited 300,841 times 38 Legal Analyses
Holding that, after a plaintiff is granted in forma pauperis status, "the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim on which relief may be granted"
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 162,084 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 93,795 times 92 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Section 2000e - Definitions
42 U.S.C. § 2000e Cited 52,350 times 130 Legal Analyses
Granting EEOC authority to issue procedural regulations to carry out Title VII provisions
Rule 6 - Computing and Extending Time; Time for Motion Papers
Fed. R. Civ. P. 6 Cited 50,911 times 24 Legal Analyses
Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,644 times 51 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Dingle v. Bimbo Bakeries USA

27 Cited authorities

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

Holding that a jury could find a reassignment from a position with "an indication of prestige" to one involving less desirable responsibilities "would have been materially adverse to a reasonable employee"

Holding that an action must be dismissed when statutory exhaustion requirement was not met until after action was filed

Holding that "[w]hatever evidentiary route the plaintiff chooses to follow, he or she must always prove that the conduct at issue was not merely tinged with offensive . . . connotations"

Holding that a pro se plaintiff should be "grant[ed] leave to amend at least once when a liberal reading of the complaint gives any indication that a valid claim might be stated" but leave to amend may be properly denied as "futile"

Holding that a pro se litigant has an affirmative duty to diligently pursue the prosecution of his cause of action

Holding that when the party against whom the default is entered is a pro se defendant, courts must be particularly sensitive to the defendant's ability to protect his or her rights

Holding that issues not raised in an appellate brief are abandoned

Holding that Cornell's failure to follow its internal policies and procedures did not provide basis for breach of contract claim

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

Holding that, after a plaintiff is granted in forma pauperis status, "the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim on which relief may be granted"

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

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"