14 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 257,305 times 280 Legal Analyses
Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 270,937 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' "
Oncale v. Sundowner Offshore Servs., Inc.
523 U.S. 75 (1998) Cited 5,201 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"
Patane v. Clark
508 F.3d 106 (2d Cir. 2007) Cited 1,598 times 3 Legal Analyses
Holding that discriminatory treatment is actionable "only when it occurs because of an employee's sex, or other protected characteristic"
Kramer v. Time Warner Inc.
937 F.2d 767 (2d Cir. 1991) Cited 2,001 times 1 Legal Analyses
Holding that the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201
Bernheim v. Litt
79 F.3d 318 (2d Cir. 1996) Cited 880 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"
LoSacco v. City of Middletown
71 F.3d 88 (2d Cir. 1995) Cited 682 times
Holding that issues not raised in an appellate brief are abandoned
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
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
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”
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 351,086 times 937 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 294,298 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 158,801 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 6 - Computing and Extending Time; Time for Motion Papers
Fed. R. Civ. P. 6 Cited 49,437 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."

Dingle v. Bimbo Bakeries USA

14 Cited authorities

Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"

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 "[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 discriminatory treatment is actionable "only when it occurs because of an employee's sex, or other protected characteristic"

Holding that the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201

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"

Holding that issues not raised in an appellate brief are abandoned

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”

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. . . ."

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."