14 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,028 times   280 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
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,776 times   367 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' "
  3. Oncale v. Sundowner Offshore Servs., Inc.

    523 U.S. 75 (1998)   Cited 5,168 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"
  4. Patane v. Clark

    508 F.3d 106 (2d Cir. 2007)   Cited 1,586 times   3 Legal Analyses
    Holding that discriminatory treatment is actionable "only when it occurs because of an employee's sex, or other protected characteristic"
  5. Kramer v. Time Warner Inc.

    937 F.2d 767 (2d Cir. 1991)   Cited 1,990 times   1 Legal Analyses
    Holding that the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201
  6. Bernheim v. Litt

    79 F.3d 318 (2d Cir. 1996)   Cited 879 times   1 Legal Analyses
    Holding that the "issue is not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims"
  7. LoSacco v. City of Middletown

    71 F.3d 88 (2d Cir. 1995)   Cited 677 times
    Holding that issues not raised in an appellate brief are abandoned
  8. Duckett v. Wal-Mart Stores, Inc.

    07-CV-6204 (W.D.N.Y. Apr. 14, 2009)   Cited 13 times
    Noting that "when analyzing a pretext claim the inquiry is whether the employer's stated reason is the actual reason for the challenged action and not whether the employer's stated reason for its decision is ill-advised, mistaken, or unreasonable," and granting summary judgment where defendant claimed that it terminated plaintiff due to her unauthorized use of a discount, a claim plaintiff disputed
  9. Wright v. Monroe Community Hospital

    09-CV-6593 (W.D.N.Y. Jul. 28, 2011)   Cited 4 times

    09-CV-6593. July 28, 2011 DECISION and ORDER MICHAEL TELESCA, District Judge INTRODUCTION Plaintiff, Jacqueline Wright ("Plaintiff"), brings this action pursuant to the Civil Rights Act of 1991, 42 U.S.C. § 1981 ("Section 1981"); Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000(e); the Pregnancy Discrimination Act (as amended to Title VII); and the New York State Human Rights Law ("NYSHRL"), Executive Law § 290, against Defendant Monroe Community Hospital ("Defendant" or

  10. Crawford v. Lutheran Medical Center

    08-CV-3429 (NGG) (LB) (E.D.N.Y. Mar. 14, 2011)   Cited 4 times
    Dismissing the plaintiff's disparate treatment and hostile work environment claims under FRCP 12(b) because her allegations that her coworkers “became deeply embroiled in her personal life” “amount to nothing more than impolite meddling in [the p]laintiff's personal life”
  11. 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 348,310 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 1915 - Proceedings in forma pauperis

    28 U.S.C. § 1915   Cited 291,765 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"
  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,506 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  14. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 48,898 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."