44 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' "
Burlington N. & Santa Fe Ry. Co. v. White
548 U.S. 53 (2006) Cited 11,308 times 104 Legal Analyses
Holding that a jury could find a reassignment from a position with "an indication of prestige" to one involving less desirable responsibilities "would have been materially adverse to a reasonable employee"
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"
Clark Cty. Sch. Dist. v. Breeden
532 U.S. 268 (2001) Cited 5,396 times 12 Legal Analyses
Holding that the temporal proximity requirement to establish a prima facie case "between an employer's knowledge of protected activity and an adverse employment action as sufficient evidence" must be "very close"
Delaware v. Van Arsdall
475 U.S. 673 (1986) Cited 7,304 times 9 Legal Analyses
Holding that a restriction on defendant's ability to crossexamine witness in violation of Sixth Amendment was non-structural error
Associated General Contractors v. Carpenters
459 U.S. 519 (1983) Cited 5,059 times 34 Legal Analyses
Holding that a union lacked standing to sue for injuries passed on to it by intermediaries
Baldwin Cty. Welcome Ctr. v. Brown
466 U.S. 147 (1984) Cited 2,639 times 3 Legal Analyses
Holding that a plaintiff "who fails to act diligently cannot invoke equitable principles to excuse that lack of diligence"
Delaware State College v. Ricks
449 U.S. 250 (1980) Cited 2,346 times 6 Legal Analyses
Holding a claim began to accrue when a board made the final decision to deny tenure, not after the subsequent grievance procedure to the same board
Brown v. General Services Administration
425 U.S. 820 (1976) Cited 2,249 times
Holding that federal employee who missed deadline for filing Title VII claim could not bring suit based on alleged discriminatory conduct under Declaratory Judgment Act
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 2000e-1 - Exemption
42 U.S.C. § 2000e-1 Cited 658 times 20 Legal Analyses
Exempting religious employers from Title VII's prohibition against religious discrimination in hiring
Section 7121 - Grievance procedures
5 U.S.C. § 7121 Cited 479 times 4 Legal Analyses
Explaining 5 U.S.C. § 7703 applies to the review of an arbitrator's award in this court "in the same manner and under the same conditions as if the matter had been decided by the Board"
Section 1320d-9 - Application of HIPAA regulations to genetic information
42 U.S.C. § 1320d-9 Cited 3 times 1 Legal Analyses
Defining HIPAA privacy regulation
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 1614.106 - 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 1614.301 - Relationship to negotiated grievance procedure
29 C.F.R. § 1614.301 Cited 101 times
Governing the procedures available to an individual who is covered by a collective bargaining agreement

King v. McHugh

44 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 a jury could find a reassignment from a position with "an indication of prestige" to one involving less desirable responsibilities "would have been materially adverse to a reasonable employee"

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 temporal proximity requirement to establish a prima facie case "between an employer's knowledge of protected activity and an adverse employment action as sufficient evidence" must be "very close"

Holding that a restriction on defendant's ability to crossexamine witness in violation of Sixth Amendment was non-structural error

Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

Holding that a plaintiff "who fails to act diligently cannot invoke equitable principles to excuse that lack of diligence"

Holding a claim began to accrue when a board made the final decision to deny tenure, not after the subsequent grievance procedure to the same board

Holding that federal employee who missed deadline for filing Title VII claim could not bring suit based on alleged discriminatory conduct under Declaratory Judgment Act

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

Exempting religious employers from Title VII's prohibition against religious discrimination in hiring

Explaining 5 U.S.C. § 7703 applies to the review of an arbitrator's award in this court "in the same manner and under the same conditions as if the matter had been decided by the Board"

Defining HIPAA privacy regulation

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

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

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

Governing the procedures available to an individual who is covered by a collective bargaining agreement