29 Cited authorities

  1. Kentucky v. Graham

    473 U.S. 159 (1985)   Cited 19,652 times   1 Legal Analyses
    Holding that "an official-capacity suit is, in all respects other than name, to be treated as a suit against the entity," and that "a plaintiff seeking to recover on a damages judgment in an official-capacity suit must look to the government entity itself"
  2. Fed. Express Corp. v. Holowecki

    552 U.S. 389 (2008)   Cited 1,131 times   12 Legal Analyses
    Holding that the EEOC "acted within its authority in formulating the rule that a filing is deemed a charge if the document reasonably can be construed to request agency action and appropriate relief on the employee’s behalf"
  3. Venture Associates v. Zenith Data Systems

    987 F.2d 429 (7th Cir. 1993)   Cited 1,814 times   2 Legal Analyses
    Holding "minor, non-substantive changes" in response to offer prevented contract formation under Illinois law
  4. Edelman v. Lynchburg Coll.

    535 U.S. 106 (2002)   Cited 337 times   1 Legal Analyses
    Holding that a claimant's letter constituted charge and that the verified Form 5 related back to the receipt date of the letter
  5. Schaaf v. R.F.C

    517 F.3d 544 (8th Cir. 2008)   Cited 772 times   1 Legal Analyses
    Holding that the MPCFA "provides a remedy only to those actually `injured by' the wrongdoer's misconduct"
  6. Faibisch v. University of Minnesota

    304 F.3d 797 (8th Cir. 2002)   Cited 641 times
    Holding that checking the “sex discrimination” box on the EEOC charge form and making a conclusory allegation did not establish a reasonable relationship between the facts alleged in the EEOC charge and a sex discrimination claim
  7. Moses.com Sec. v. Comprehensive Software

    406 F.3d 1052 (8th Cir. 2005)   Cited 433 times
    Holding the district court was justified in denying leave to amend when the court had already twice granted leave to amend and "numerous motions to dismiss had already been briefed and ruled, and discovery in the matter was now well underway"
  8. Anderson v. Durham

    606 F.3d 513 (8th Cir. 2010)   Cited 303 times
    Holding no dispute of fact existed simply because of the race of the individual involved in the termination
  9. Northrup King v. Compania Productora Semillas

    51 F.3d 1383 (8th Cir. 1995)   Cited 270 times
    Holding that “[b]y not objecting to the documents and by certifying service, the Central Authority indicated that the documents complied with the Convention and that it had served them in compliance with the Convention, i.e., that it had made service as [the State's] law required”
  10. Thanongsinh v. Board of Education

    462 F.3d 762 (7th Cir. 2006)   Cited 163 times
    Holding that the qualified witness "need only be familiar with the company's recordkeeping practices"
  11. 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
  12. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 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
  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,551 times   328 Legal Analyses
    Requiring that fraud be pleaded with particularity
  14. Section 626 - Recordkeeping, investigation, and enforcement

    29 U.S.C. § 626   Cited 6,098 times   44 Legal Analyses
    Adopting the statute of limitations under the Portal-to-Portal Pay Act, 29 U.S.C. § 255
  15. Section 1601.12 - Contents of charge; amendment of charge

    29 C.F.R. § 1601.12   Cited 1,086 times   3 Legal Analyses
    Requiring that each charge contain, " [t]he full name and contact information of the person making the charge . . . , [t]he full name and contact information of the person against whom the charge is made, if known . . . , clear and concise statement of the facts . . . constituting the alleged unlawful employment practices . . . , [i]f known, the approximate number of employees of the respondent employer . . . , statement disclosing whether proceedings involving the alleged unlawful employment practice have been commenced before a State or local agency charge with the enforcement of fair employment practice laws . . ."
  16. Rule 4 - Summons and Service of Process

    Ark. R. Civ. P. 4   Cited 433 times

    (a)Issuance of Summons. Immediately on the filing of the complaint, the clerk shall issue a summons to the plaintiff or the plaintiff's attorney, who shall deliver it for service to a person authorized by subdivision (c) of this rule to serve process. (b)Form of Summons. The summons shall be styled in the name of the court and issued under its seal, dated and signed by the clerk or a deputy clerk, and directed from the State of Arkansas to the defendant to be served. It shall contain: (1) in its