42 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 260,142 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 273,590 times 368 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
Coleman v. Court of Appeals of Maryland
566 U.S. 30 (2012) Cited 1,314 times 4 Legal Analyses
Holding that there was an insufficient nexus "between self-care leave and gender discrimination by state employers" to validly abrogate state sovereign immunity
Burtch v. Milberg Factors, Inc.
662 F.3d 212 (3d Cir. 2011) Cited 2,224 times
Holding that direct evidence of a conspiracy was lacking where the complaint's allegations did not "specify a time or place that any actual agreement to fix credit terms occurred, [or] ...indicate that any particular individuals or [organizations] made such an agreement"
Betts v. New Castle Youth Development Center
621 F.3d 249 (3d Cir. 2010) Cited 1,013 times
Holding that plaintiff's substantive due process claims were foreclosed where "allegations fit squarely within the Eighth Amendment's prohibition on cruel and unusual punishment"
James v. City of Wilkes–Barre
700 F.3d 675 (3d Cir. 2012) Cited 925 times
Holding that mother who called 911 and reported that her daughter was contemplating suicide was not seized within the meaning of the Fourth Amendment because although responding police officers urged her to accompany her daughter in the ambulance, she was free to leave at any time
Blanciak v. Allegheny Ludlum Corp.
77 F.3d 690 (3d Cir. 1996) Cited 1,172 times
Finding a claim for declaratory and injunctive relief moot where there was "no hint in the record of any present or imminent future harm from the [defendant's] alleged conduct"
Argueta v. U.S. Immigration and Customs Enforcement
643 F.3d 60 (3d Cir. 2011) Cited 510 times 1 Legal Analyses
Holding that in Section 1983 actions, a plaintiff must "plead that each Government-official defendant, through the official's own individual actions, has violated the Constitution"
Anjelino v. New York Times Co.
200 F.3d 73 (3d Cir. 1999) Cited 609 times
Holding that the statutory plan of Title VII was aimed at correcting discrimination through informal administrative conciliation
Benn v. First Judicial District of Pennsylvania
426 F.3d 233 (3d Cir. 2005) Cited 497 times 1 Legal Analyses
Holding that all components of unified state judicial system are entitled to Eleventh Amendment immunity
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 354,229 times 943 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 160,289 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 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Fed. R. Civ. P. 11 Cited 36,629 times 145 Legal Analyses
Holding an "unrepresented party" to the same standard as an attorney
Section 12101 - Findings and purpose
42 U.S.C. § 12101 Cited 23,791 times 65 Legal Analyses
Finding a pattern of " unnecessary discrimination and prejudice" that "costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity"
Section 2601 - Findings and purposes
29 U.S.C. § 2601 Cited 7,725 times 39 Legal Analyses
Finding that there is inadequate job security for employees who have serious health conditions that prevent them from working for temporary periods
Section 8522 - Exceptions to sovereign immunity
42 Pa. C.S. § 8522 Cited 931 times 2 Legal Analyses
Excepting sovereign immunity for the sale of liquor to "any minor, or to any person visibly intoxicated, or to any insane person, or to any person known as an habitual drunkard, or of known intemperate habit"
Section 2310 - Sovereign immunity reaffirmed; specific waiver
1 Pa. C.S. § 2310 Cited 648 times
Granting immunity to state employees "acting within the scope of their duties"
Section 954 - Definitions
43 Pa. Stat. § 954 Cited 85 times
Defining "employer" as "any person employing four or more persons within the Commonwealth."

Evers-Romero v. Commonwealth of Pennsylvania et al

42 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 there was an insufficient nexus "between self-care leave and gender discrimination by state employers" to validly abrogate state sovereign immunity

Holding that direct evidence of a conspiracy was lacking where the complaint's allegations did not "specify a time or place that any actual agreement to fix credit terms occurred, [or] ...indicate that any particular individuals or [organizations] made such an agreement"

Holding that plaintiff's substantive due process claims were foreclosed where "allegations fit squarely within the Eighth Amendment's prohibition on cruel and unusual punishment"

Holding that mother who called 911 and reported that her daughter was contemplating suicide was not seized within the meaning of the Fourth Amendment because although responding police officers urged her to accompany her daughter in the ambulance, she was free to leave at any time

Finding a claim for declaratory and injunctive relief moot where there was "no hint in the record of any present or imminent future harm from the [defendant's] alleged conduct"

Holding that in Section 1983 actions, a plaintiff must "plead that each Government-official defendant, through the official's own individual actions, has violated the Constitution"

Holding that the statutory plan of Title VII was aimed at correcting discrimination through informal administrative conciliation

Holding that all components of unified state judicial system are entitled to Eleventh Amendment immunity

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. . . ."

Holding an "unrepresented party" to the same standard as an attorney

Finding a pattern of " unnecessary discrimination and prejudice" that "costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity"

Finding that there is inadequate job security for employees who have serious health conditions that prevent them from working for temporary periods

Excepting sovereign immunity for the sale of liquor to "any minor, or to any person visibly intoxicated, or to any insane person, or to any person known as an habitual drunkard, or of known intemperate habit"

Granting immunity to state employees "acting within the scope of their duties"

Defining "employer" as "any person employing four or more persons within the Commonwealth."