38 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' "
Papasan v. Allain
478 U.S. 265 (1986) Cited 16,804 times 6 Legal Analyses
Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"
Moragne v. States Marine Lines
398 U.S. 375 (1970) Cited 817 times 1 Legal Analyses
Holding that the Jones Act and DOHSA support a wrongful death claim under general maritime law
Reger Dev. v. Natl. City Bank
592 F.3d 759 (7th Cir. 2010) Cited 675 times
Applying Illinois law
188 LLC v. Trinity Indus., Inc.
300 F.3d 730 (7th Cir. 2002) Cited 427 times
Holding a document was incorporated by reference when the contract contained the statement, "Sales of all services and materials are subject to the general terms and conditions on the reverse side"
Levenstein v. Salafsky
164 F.3d 345 (7th Cir. 1998) Cited 452 times
Holding that constructively discharged medical school professor who essentially alleged that procedures were "a sham through and through" sufficiently alleged a due process violation
Norfolk Shipbuilding Drydock Corp. v. Garris
532 U.S. 811 (2001) Cited 127 times
Holding that the LHWCA and similar federal maritime statutes do not preclude a negligence action against a third party under general maritime law
Potomac Electric Power Co. v. Director, OWCP
449 U.S. 268 (1980) Cited 187 times 1 Legal Analyses
Holding that a statute that included a "compensation schedule" for "20 different specific injuries," as well as an "additional subparagraph" that applied to " ‘all other cases’ " could not be read to apply the additional subparagraph of "other" cases to the enumerated injuries
Kelley v. Southern Pacific Co.
419 U.S. 318 (1974) Cited 163 times
Holding that, under common law, plaintiff can establish employment with rail carrier for purposes of FELA where nominally employed by another entity when serving as "borrowed servant of the railroad," "acting for two masters simultaneously," or deemed "subservant of a company that was in turn a servant of the railroad"
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
Section 905 - Exclusiveness of liability
33 U.S.C. § 905 Cited 1,880 times 6 Legal Analyses
Providing that the employer’s liability for covered injuries "shall be exclusive and in place of all other liability of such employer to the employee"
Section 902 - Definitions
33 U.S.C. § 902 Cited 1,095 times 4 Legal Analyses
Defining "employer" for LHWCA purposes
Section 933 - Compensation for injuries where third persons are liable
33 U.S.C. § 933 Cited 637 times 3 Legal Analyses
Providing that "[i]f the [employee] enters into a settlement with a third person ... the employer shall be liable for compensation ... only if written approval of the settlement is obtained from the employer and the employer's carrier before the settlement is executed"
Section 904 - Liability for compensation
33 U.S.C. § 904 Cited 293 times 2 Legal Analyses
Establishing the employer's liability for compensation

Holder, James v. Fraser Shipyards, Inc. et al

38 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 Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

Holding that the Jones Act and DOHSA support a wrongful death claim under general maritime law

Applying Illinois law

Holding a document was incorporated by reference when the contract contained the statement, "Sales of all services and materials are subject to the general terms and conditions on the reverse side"

Holding that constructively discharged medical school professor who essentially alleged that procedures were "a sham through and through" sufficiently alleged a due process violation

Holding that the LHWCA and similar federal maritime statutes do not preclude a negligence action against a third party under general maritime law

Holding that a statute that included a "compensation schedule" for "20 different specific injuries," as well as an "additional subparagraph" that applied to " ‘all other cases’ " could not be read to apply the additional subparagraph of "other" cases to the enumerated injuries

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

Providing that the employer’s liability for covered injuries "shall be exclusive and in place of all other liability of such employer to the employee"

Defining "employer" for LHWCA purposes

Providing that "[i]f the [employee] enters into a settlement with a third person ... the employer shall be liable for compensation ... only if written approval of the settlement is obtained from the employer and the employer's carrier before the settlement is executed"

Establishing the employer's liability for compensation