26 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 269,421 times 281 Legal Analyses
Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 282,303 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
Nat'l R.R. Passenger Corp. v. Morgan
536 U.S. 101 (2002) Cited 10,692 times 31 Legal Analyses
Holding limitations period for hostile-work-environment claim runs from the last act composing the claim
Clark Cty. Sch. Dist. v. Breeden
532 U.S. 268 (2001) Cited 5,583 times 12 Legal Analyses
Holding that the temporal proximity requirement to establish a prima facie case "between an employer's knowledge of protected activity and an adverse employment action as sufficient evidence" must be "very close"
Fowler v. UPMC Shadyside
578 F.3d 203 (3d Cir. 2009) Cited 14,614 times 4 Legal Analyses
Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"
Santiago v. Warminster Township
629 F.3d 121 (3d Cir. 2010) Cited 4,428 times 1 Legal Analyses
Holding that the Court should disregard "'naked assertions devoid of further factual enhancement' and 'threadbare recitals of the elements of a cause of action, supported by mere conclusory statements.'" (quoting Iqbal, 556 U.S. at 678)
Moore v. City of Philadelphia
461 F.3d 331 (3d Cir. 2006) Cited 1,575 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
Jean v. Deflaminis
480 F.3d 259 (3d Cir. 2007) Cited 1,305 times 1 Legal Analyses
Holding that a plaintiff may establish the requisite causal link by proving "either an unusually suggestive temporal proximity between the protected activity and the allegedly retaliatory action, or a pattern of antagonism coupled with timing to establish a causal link"
Sarullo v. U.S. Postal Service
352 F.3d 789 (3d Cir. 2003) Cited 1,240 times
Holding that plaintiff failed to make a prima facie showing of discrimination when employee "provided no evidence to rebut [employer's] declaration that he was unaware of [the protected activity] when he made his decision," to terminate employee
Abramson v. William Paterson Coll. of N.J
260 F.3d 265 (3d Cir. 2001) Cited 1,212 times
Holding that plaintiff produced sufficient evidence to preclude summary judgment where her supervisors' continued discriminatory comments demonstrated ongoing antagonism
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 364,364 times 963 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 74,415 times 131 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Section 1746 - Unsworn declarations under penalty of perjury
28 U.S.C. § 1746 Cited 10,517 times 17 Legal Analyses
Making affidavits and declarations effectively synonymous

Drummer v. Hospital of The University of Pennsylvania

26 Cited authorities

Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

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 limitations period for hostile-work-environment claim runs from the last act composing the claim

Holding that the temporal proximity requirement to establish a prima facie case "between an employer's knowledge of protected activity and an adverse employment action as sufficient evidence" must be "very close"

Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"

Holding that the Court should disregard "'naked assertions devoid of further factual enhancement' and 'threadbare recitals of the elements of a cause of action, supported by mere conclusory statements.'" (quoting Iqbal, 556 U.S. at 678)

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 a plaintiff may establish the requisite causal link by proving "either an unusually suggestive temporal proximity between the protected activity and the allegedly retaliatory action, or a pattern of antagonism coupled with timing to establish a causal link"

Holding that plaintiff failed to make a prima facie showing of discrimination when employee "provided no evidence to rebut [employer's] declaration that he was unaware of [the protected activity] when he made his decision," to terminate employee

Holding that plaintiff produced sufficient evidence to preclude summary judgment where her supervisors' continued discriminatory comments demonstrated ongoing antagonism

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

Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

Making affidavits and declarations effectively synonymous