54 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,203 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 268,949 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' "
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 237,112 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 217,084 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
Phillips v. County of Allegheny
515 F.3d 224 (3d Cir. 2008) Cited 16,940 times 2 Legal Analyses
Holding that a district court need not permit a curative amendment if such amendment would be futile
Mayer v. Belichick
605 F.3d 223 (3d Cir. 2010) Cited 2,355 times 1 Legal Analyses
Holding we must only consider documents if complainant's claims are based upon these documents
Kaucher v. County of Bucks
455 F.3d 418 (3d Cir. 2006) Cited 1,938 times
Holding risk of contracting infection from inmate inherent to corrections officer's employment, even if contraction resulted from "unsanitary and dangerous conditions" at correctional facility
Podobnik v. U.S. Postal Service
409 F.3d 584 (3d Cir. 2005) Cited 1,236 times 1 Legal Analyses
Holding that a non-jurisdictional time limitation “may be modified by equitable concerns, such as tolling”
Rose v. Bartle
871 F.2d 331 (3d Cir. 1989) Cited 1,293 times
Holding that prosecutors' solicitation and preparation of perjured testimony was entitled to immunity because these actions "occurred in preparation for the grand jury proceedings, not in an investigatory capacity"
Robinson v. Dalton
107 F.3d 1018 (3d Cir. 1997) Cited 728 times
Holding that "exhaustion requires . . . consultation with an agency counselor" within those forty-five days
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 348,503 times 930 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 330,026 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 1746 - Unsworn declarations under penalty of perjury
28 U.S.C. § 1746 Cited 10,101 times 17 Legal Analyses
Permitting the use of declarations instead
Section 2000e-16 - Employment by Federal Government
42 U.S.C. § 2000e-16 Cited 4,953 times 20 Legal Analyses
Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"
Section 791 - Employment of individuals with disabilities
29 U.S.C. § 791 Cited 2,276 times 6 Legal Analyses
Adopting standards for ADA claims under § 501 of the Rehabilitation Act, including 42 U.S.C. § 12112, which forbids discrimination "against a qualified individual with a disability because of the disability . . ."
Section 794a - Remedies and attorney fees
29 U.S.C. § 794a Cited 1,809 times 2 Legal Analyses
Adopting the "remedies, procedures, and rights" under Title VII of the Civil Rights Act of 1964 for federal employees filing civil actions
Section 633a - Nondiscrimination on account of age in Federal Government employment
29 U.S.C. § 633a Cited 1,274 times 18 Legal Analyses
Extending antidiscrimination provisions to federal employees, but providing such employees a different remedy for violations
Section 1614.105 - Pre-complaint processing
29 C.F.R. § 1614.105 Cited 2,630 times 13 Legal Analyses
Requiring complainant initially to notify agency and make effort to resolve matter informally
Section 1614.407 - Civil action: Title VII, Age Discrimination in Employment Act, Rehabilitation Act, Genetic Information Nondiscrimination Act, and Pregnant Workers Fairness Act
29 C.F.R. § 1614.407 Cited 738 times 1 Legal Analyses
Authorizing civil actions if no final action is taken within 180 days after a complaint is filed
Section 1614.106 - Individual complaints
29 C.F.R. § 1614.106 Cited 641 times 2 Legal Analyses
Requiring administrative complaints to be filed with the complainant's agency
Section 1614.107 - Dismissals of complaints
29 C.F.R. § 1614.107 Cited 472 times 5 Legal Analyses
Explaining the notice requirements for partial dismissal of claims in an EEO complaint
Section 1614.110 - Final action by agencies
29 C.F.R. § 1614.110 Cited 226 times 1 Legal Analyses
Compelling final decision “within 60 days of the end of the 30-day period for the complainant to request a hearing . . . where the complainant has not requested [one]”
Section 1614.108 - Investigation of complaints
29 C.F.R. § 1614.108 Cited 179 times 2 Legal Analyses
Describing inquisitorial nature of investigation process
Section 1614.401 - Appeals to the Commission
29 C.F.R. § 1614.401 Cited 153 times 2 Legal Analyses
Permitting appeal to EEOC
Section 1614.604 - Filing and computation of time
29 C.F.R. § 1614.604 Cited 137 times 1 Legal Analyses
Providing the time limits applicable to the subject regulations "are subject to waiver, estoppel and equitable tolling"
Section 1614.109 - Hearings
29 C.F.R. § 1614.109 Cited 133 times 2 Legal Analyses
Governing administrative hearings
Section 1614.405 - Decisions on appeals
29 C.F.R. § 1614.405 Cited 81 times 3 Legal Analyses
Providing that " decision [of the EEOC in an administrative appeal] is final . . . unless . . . [e]ither party files a timely request for reconsideration"

Handle v. Brennan et al

54 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 that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Holding that a district court need not permit a curative amendment if such amendment would be futile

Holding we must only consider documents if complainant's claims are based upon these documents

Holding risk of contracting infection from inmate inherent to corrections officer's employment, even if contraction resulted from "unsanitary and dangerous conditions" at correctional facility

Holding that a non-jurisdictional time limitation “may be modified by equitable concerns, such as tolling”

Holding that prosecutors' solicitation and preparation of perjured testimony was entitled to immunity because these actions "occurred in preparation for the grand jury proceedings, not in an investigatory capacity"

Holding that "exhaustion requires . . . consultation with an agency counselor" within those forty-five days

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

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Permitting the use of declarations instead

Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"

Adopting standards for ADA claims under § 501 of the Rehabilitation Act, including 42 U.S.C. § 12112, which forbids discrimination "against a qualified individual with a disability because of the disability . . ."

Adopting the "remedies, procedures, and rights" under Title VII of the Civil Rights Act of 1964 for federal employees filing civil actions

Extending antidiscrimination provisions to federal employees, but providing such employees a different remedy for violations

Requiring complainant initially to notify agency and make effort to resolve matter informally

Authorizing civil actions if no final action is taken within 180 days after a complaint is filed

Requiring administrative complaints to be filed with the complainant's agency

Explaining the notice requirements for partial dismissal of claims in an EEO complaint

Compelling final decision “within 60 days of the end of the 30-day period for the complainant to request a hearing . . . where the complainant has not requested [one]”

Describing inquisitorial nature of investigation process

Permitting appeal to EEOC

Providing the time limits applicable to the subject regulations "are subject to waiver, estoppel and equitable tolling"

Governing administrative hearings

Providing that " decision [of the EEOC in an administrative appeal] is final . . . unless . . . [e]ither party files a timely request for reconsideration"