Bell Atl. Corp. v. Twombly

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' "

Cleveland Board of Education v. Loudermill

Holding that the tenured public employee was "entitled to oral or written notice of the charges against him, an explanation of the employer's evidence, and an opportunity to present his side of the story"

Phillips v. County of Allegheny

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

Desert Palace, Inc. v. Costa

Holding that circumstantial evidence alone can sustain a mixed-motive verdict

Price Waterhouse v. Hopkins

Holding that an employer discriminated on the basis of sex when he "act[ed] on the basis of a belief that a woman cannot be aggressive, or that she must not be"

Davis v. Monroe County Bd. of Educ.

Holding that the plaintiff sufficiently alleged actionable sexual harassment where her minor daughter suffered "objectively offensive touching" that amounted to "criminal sexual misconduct"

Steadman v. Securities & Exchange Commission

Holding that proponent of a rule or order under the predecessor to § 556(d) had to meet its burden by preponderance of the evidence

Harvill v. Westward Commc'ns, L.L.C

Holding that the employer took sufficient remedial action to end sexual harassment of an employee fondling the victim's breasts numerous times and pressing his body against the victim from behind, among other things, because the employer "acted swiftly in taking remedial measures" by separating the employees "and the harassment ceased"

Berry v. Chicago Transit Authority

Holding that uncorroborated testimony from a non-movant at summary judgment can be evidence of disputed material facts if the testimony is based on personal knowledge or firsthand experience

Murphy v. Duquesne Univ. of the Holy Ghost

Holding that whether a contract is ambiguous is not resolved in a vacuum but that contractual terms are ambiguous when there is "more than one reasonable interpretation when applied to a particular set of facts"

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

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

Section 1332 - Diversity of citizenship; amount in controversy; costs

Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

Section 1331 - Federal question

Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

Section 1367 - Supplemental jurisdiction

Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

Section 1391 - Venue generally

Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

Section 1415 - Procedural safeguards

Holding that "before the filing of a civil action . . . seeking relief that is also available under [the IDEA], the [IDEA's administrative] procedures . . . shall be exhausted"

Section 1681 - Sex

Referencing application of Title IX prohibitions to school admissions

Section 1232g - Family educational and privacy rights

Prohibiting release of educational records without consent

Section 556 - Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision

Permitting agency decision based "on official notice of a material fact not appearing in the evidence in the record" provided that party is afforded, "on timely request, . . . an opportunity to show the contrary"

Section 1092 - Institutional and financial assistance information for students

Requiring funding recipients to collect statistics on crimes motivated by the victim's "gender, ... sexual orientation"

Section 99.31 - Under what conditions is prior consent not required to disclose information?

Allowing disclosure "to comply with a judicial order or lawfully issued subpoena"

Appendix A to Part 99 - Crimes of Violence Definitions

In 34 C.F.R. part 99, "directory information" is defined as "information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed."

Section 104.35 - Evaluation and placement

Describing the placement procedures and requiring, in part, "that the placement decision [be] made by a group of persons, including persons knowledgeable about the child"

Section 106.71 - Retaliation

Incorporating by reference the procedural provisions of title VI

Appendix A to Part 106 - Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex, and Handicap in Vocational Education Programs

Barring discrimination on the basis of sex

Section 668.46 - Institutional security policies and crime statistics

Requiring each covered university to "include in its annual security report a statement of policy that addresses the institution's programs to prevent dating violence, domestic violence, sexual assault, and stalking"

Section 99.33 - What limitations apply to the redisclosure of information?

Section 106.4 - Assurance required

Section 106.9 - Severability

Governing the dissemination of the Title IX policy

Section 99.39 - What definitions apply to the nonconsensual disclosure of records by postsecondary educational institutions in connection with disciplinary proceedings concerning crimes of violence or non-forcible sex offenses?