87 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,377 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
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,313 times   365 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' "
  3. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,081 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  4. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,195 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  5. Burlington N. & Santa Fe Ry. Co. v. White

    548 U.S. 53 (2006)   Cited 11,235 times   103 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"
  6. Nat'l R.R. Passenger Corp. v. Morgan

    536 U.S. 101 (2002)   Cited 10,251 times   31 Legal Analyses
    Holding limitations period for hostile-work-environment claim runs from the last act composing the claim
  7. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 52,169 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
  8. St. Mary's Honor Ctr. v. Hicks

    509 U.S. 502 (1993)   Cited 12,254 times   8 Legal Analyses
    Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination
  9. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 16,796 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile
  10. Teamsters v. United States

    431 U.S. 324 (1977)   Cited 4,599 times   27 Legal Analyses
    Holding that a plaintiff who did not apply for a position can still make prima facie showing if he can demonstrate his application for the position would have been futile
  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 345,529 times   922 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 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,543 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  13. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,317 times   134 Legal Analyses
    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."
  14. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,426 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
  15. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 61,705 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"
  16. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 35,740 times   139 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney
  17. Section 2000e-2 - Unlawful employment practices

    42 U.S.C. § 2000e-2   Cited 28,251 times   169 Legal Analyses
    Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”
  18. Rule 78 - Hearing Motions; Submission on Briefs

    Fed. R. Civ. P. 78   Cited 22,239 times
    Providing that court may decide motions on written statements of reasons in support and opposition to expedite business
  19. Section 621 - Congressional statement of findings and purpose

    29 U.S.C. § 621   Cited 17,447 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"
  20. Section 2000e-3 - Other unlawful employment practices

    42 U.S.C. § 2000e-3   Cited 14,414 times   43 Legal Analyses
    Prohibiting retaliation against employees who "oppos[e] any [unlawful] practice"
  21. Section 1614.105 - Pre-complaint processing

    29 C.F.R. § 1614.105   Cited 2,614 times   13 Legal Analyses
    Requiring complainant initially to notify agency and make effort to resolve matter informally
  22. Section 382.305 - Random testing

    49 C.F.R. § 382.305   Cited 38 times   4 Legal Analyses

    (a) Every employer shall comply with the requirements of this section. Every driver shall submit to random alcohol and controlled substance testing as required in this section. (b) (1) Except as provided in paragraphs (c) through (e) of this section, the minimum annual percentage rate for random alcohol testing shall be 10 percent of the average number of driver positions. (2) Except as provided in paragraphs (f) through (h) of this section, the minimum annual percentage rate for random controlled