37 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,498 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 269,239 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' "
Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 16,901 times 20 Legal Analyses
Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
Wal-Mart Stores, Inc. v. Dukes
564 U.S. 338 (2011) Cited 6,691 times 505 Legal Analyses
Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”
Teamsters v. United States
431 U.S. 324 (1977) Cited 4,612 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
Furnco Construction Corp. v. Waters
438 U.S. 567 (1978) Cited 2,165 times 4 Legal Analyses
Holding that a district court was "entitled to consider the racial mix of the work force when trying to make the determination as to motivation" in the employment discrimination context
Arista Records v. Doe 3
604 F.3d 110 (2d Cir. 2010) Cited 2,843 times 1 Legal Analyses
Holding that "[t]he Twombly plausibility standard . . . does not prevent a plaintiff from pleading facts alleged upon information and belief where the facts are peculiarly within the possession and control of the defendant, or where the belief is based on factual information that makes the inference of culpability plausible"
Watson v. Fort Worth Bank Tr.
487 U.S. 977 (1988) Cited 1,379 times 7 Legal Analyses
Holding that plaintiff has burden to show that a particular employment practice "caused the exclusion of applicants for jobs or promotions because of their membership in a protected group"
Griggs v. Duke Power Co.
401 U.S. 424 (1971) Cited 2,766 times 34 Legal Analyses
Holding that § 703(h) does not protect use of testing requirements with a disparate impact on racial minorities where the tests were not shown to be related to job performance
Boykin v. Keycorp
521 F.3d 202 (2d Cir. 2008) Cited 1,332 times 1 Legal Analyses
Holding that when a plaintiff proceeds pro se, the district court "is obliged to construe his pleadings liberally" and noting that "the dismissal of a pro se claim as insufficiently pleaded is appropriate only in the most unsustainable of cases."
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 348,810 times 931 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 157,777 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 2000e - Definitions
42 U.S.C. § 2000e Cited 51,688 times 129 Legal Analyses
Granting EEOC authority to issue procedural regulations to carry out Title VII provisions
Section 3604 - Discrimination in the sale or rental of housing and other prohibited practices
42 U.S.C. § 3604 Cited 4,109 times 64 Legal Analyses
Requiring any "accommodation" in "rules, policies, practices, or services" to be "reasonable"
Section 3601 - Declaration of policy
42 U.S.C. § 3601 Cited 4,013 times 44 Legal Analyses
Stating the FHA is intended to provide “fair housing throughout the United States”
Section 3612 - Enforcement by Secretary
42 U.S.C. § 3612 Cited 566 times 1 Legal Analyses
Authorizing fee entitlement only for "plaintiffs"

Fair Housing Center of Washington v. Breier-Scheetz Properties, Llc et al

37 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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 with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”

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 district court was "entitled to consider the racial mix of the work force when trying to make the determination as to motivation" in the employment discrimination context

Holding that plaintiff has burden to show that a particular employment practice "caused the exclusion of applicants for jobs or promotions because of their membership in a protected group"

Holding that § 703(h) does not protect use of testing requirements with a disparate impact on racial minorities where the tests were not shown to be related to job performance

Holding that when a plaintiff proceeds pro se, the district court "is obliged to construe his pleadings liberally" and noting that "the dismissal of a pro se claim as insufficiently pleaded is appropriate only in the most unsustainable of cases."

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 EEOC authority to issue procedural regulations to carry out Title VII provisions

Requiring any "accommodation" in "rules, policies, practices, or services" to be "reasonable"

Stating the FHA is intended to provide “fair housing throughout the United States”

Authorizing fee entitlement only for "plaintiffs"