33 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 276,716 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
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"
McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 53,087 times 96 Legal Analyses
Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision
Teamsters v. United States
431 U.S. 324 (1977) Cited 4,638 times 27 Legal Analyses
Holding that a plaintiff who did not apply for a position can still make prima facie showing if he can demonstrate his application for the position would have been futile
Connelly v. Lane Constr. Corp.
809 F.3d 780 (3d Cir. 2016) Cited 3,925 times 1 Legal Analyses
Holding that a prima facie case is an evidentiary standard, not a “proper measure of whether a complaint fails to state a claim”
Moore v. City of Philadelphia
461 F.3d 331 (3d Cir. 2006) Cited 1,546 times 3 Legal Analyses
Holding that plaintiffs statement, complaining about fellow employee's specific comments and made to that employee's supervisor in front of that employee, constitutes protected conduct
Victaulic v. Tieman
499 F.3d 227 (3d Cir. 2007) Cited 1,055 times 2 Legal Analyses
Holding that "[u]nder Pennsylvania law, mandating compliance with a covenant not to compete is disfavored" unless "the covenant is 'incident to an employment relationship between the parties; the restrictions imposed by the covenant are reasonably necessary for the protection of the employer; and the restrictions imposed are reasonably limited in duration and geographic extent.'"
Davis v. Coca-Cola Bottling
516 F.3d 955 (11th Cir. 2008) Cited 970 times 2 Legal Analyses
Holding that hiring decisions were "discrete acts of discrimination" that could not go forward under the continuing-violation doctrine
Cooper v. Federal Reserve Bank of Richmond
467 U.S. 867 (1984) Cited 581 times 1 Legal Analyses
Holding that resolution of a class action pertaining to whether employer engaged in a pattern or practice of discrimination did not preclude claims that employer discriminated against individual employees
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
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. . . ."
Section 1981 - Equal rights under the law
42 U.S.C. § 1981 Cited 38,641 times 262 Legal Analyses
Granting equal rights to "make and enforce contracts" without regard to race
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 35,874 times 1249 Legal Analyses
Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
Section 959 - Procedure
43 Pa. Stat. § 959 Cited 211 times 1 Legal Analyses
Requiring as part of the exhaustion of administrative remedies that the aggrieved person file a verified complaint with the PHRC stating the name of the individual alleged to have committed the unlawful discriminatory practice
Section 962 - Construction and exclusiveness of remedy
43 Pa. Stat. § 962 Cited 189 times 2 Legal Analyses
Authorizing court to award "any other legal or equitable relief as the court deems appropriate"

Dixon v. Amerihealth Administrators

33 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 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 in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision

Holding that a plaintiff who did not apply for a position can still make prima facie showing if he can demonstrate his application for the position would have been futile

Holding that a prima facie case is an evidentiary standard, not a “proper measure of whether a complaint fails to state a claim”

Holding that plaintiffs statement, complaining about fellow employee's specific comments and made to that employee's supervisor in front of that employee, constitutes protected conduct

Holding that hiring decisions were "discrete acts of discrimination" that could not go forward under the continuing-violation doctrine

Holding that resolution of a class action pertaining to whether employer engaged in a pattern or practice of discrimination did not preclude claims that employer discriminated against individual employees

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. . . ."

Granting equal rights to "make and enforce contracts" without regard to race

Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

Requiring as part of the exhaustion of administrative remedies that the aggrieved person file a verified complaint with the PHRC stating the name of the individual alleged to have committed the unlawful discriminatory practice

Authorizing court to award "any other legal or equitable relief as the court deems appropriate"