73 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 254,855 times 279 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 268,629 times 366 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' "
Monell v. New York City Dept. of Social Services
436 U.S. 658 (1978) Cited 67,525 times 15 Legal Analyses
Holding that "local government . . . are 'persons'" for purposes of 42 U.S.C. § 1983
Tellabs v. Makor Issues Rights
551 U.S. 308 (2007) Cited 9,187 times 104 Legal Analyses
Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
Connick v. Thompson
563 U.S. 51 (2011) Cited 7,103 times 3 Legal Analyses
Holding that not even "four reversals could . . . have put Connick on notice that the office's Brady training was inadequate"
Estelle v. Gamble
429 U.S. 97 (1976) Cited 55,209 times 7 Legal Analyses
Holding that the government has an obligation to provide medical care to incarcerated persons
Haines v. Kerner
404 U.S. 519 (1972) Cited 58,673 times
Holding pro se submissions "to less stringent standards than formal pleadings drafted by lawyers"
McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 52,355 times 95 Legal Analyses
Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision
St. Mary's Honor Ctr. v. Hicks
509 U.S. 502 (1993) Cited 12,277 times 8 Legal Analyses
Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination
Carnegie-Mellon Univ. v. Cohill
484 U.S. 343 (1988) Cited 11,259 times 1 Legal Analyses
Holding district courts have discretion whether to dismiss state law claims after all the federal claims are dismissed and explaining the factors courts should consider when doing so
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 489,827 times 693 Legal Analyses
Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
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 348,148 times 927 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 157,408 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 91,180 times 91 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Section 1367 - Supplemental jurisdiction
28 U.S.C. § 1367 Cited 62,220 times 78 Legal Analyses
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 2000e - Definitions
42 U.S.C. § 2000e Cited 51,650 times 129 Legal Analyses
Granting EEOC authority to issue procedural regulations to carry out Title VII provisions
Section 12101 - Findings and purpose
42 U.S.C. § 12101 Cited 23,455 times 65 Legal Analyses
Finding a pattern of " unnecessary discrimination and prejudice" that "costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity"
Section 621 - Congressional statement of findings and purpose
29 U.S.C. § 621 Cited 17,489 times 21 Legal Analyses
Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"
Section 12102 - Definition of disability
42 U.S.C. § 12102 Cited 10,837 times 40 Legal Analyses
Recognizing ADA claim where plaintiff is "regarded as" disabled
Section 959 - Procedure
43 Pa. Stat. § 959 Cited 201 times
Requiring as part of the exhaustion of administrative remedies that the aggrieved person file a verified complaint with the PHRC stating the name of the individual alleged to have committed the unlawful discriminatory practice
Section 1630.2 - Definitions
29 C.F.R. § 1630.2 Cited 8,353 times 141 Legal Analyses
Holding that major life activity is substantially limited if plaintiff is "significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities"

Kaminski v. H H Greg, Inc.

73 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 "local government . . . are 'persons'" for purposes of 42 U.S.C. § 1983

Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

Holding that not even "four reversals could . . . have put Connick on notice that the office's Brady training was inadequate"

Holding that the government has an obligation to provide medical care to incarcerated persons

Holding pro se submissions "to less stringent standards than formal pleadings drafted by lawyers"

Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision

Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination

Holding district courts have discretion whether to dismiss state law claims after all the federal claims are dismissed and explaining the factors courts should consider when doing so

Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

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. . . ."

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

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

Finding a pattern of " unnecessary discrimination and prejudice" that "costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity"

Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"

Recognizing ADA claim where plaintiff is "regarded as" disabled

Requiring as part of the exhaustion of administrative remedies that the aggrieved person file a verified complaint with the PHRC stating the name of the individual alleged to have committed the unlawful discriminatory practice

Holding that major life activity is substantially limited if plaintiff is "significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities"