47 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 251,597 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 265,563 times 364 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' "
Ocasio-Hernández v. Fortuño-Burset
640 F.3d 1 (1st Cir. 2011) Cited 2,130 times 1 Legal Analyses
Holding that “an adequate complaint must provide fair notice to the defendants and state a facially plausible legal claim” (citing Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009)), and Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929
Rodríguez v. Margo
490 F.3d 92 (1st Cir. 2007) Cited 662 times
Holding that "a complaint must allege 'a plausible entitlement to relief'" (quoting Bell Atlantic, 127 S. Ct. at 1967)
Gooley v. Mobil Oil Corp.
851 F.2d 513 (1st Cir. 1988) Cited 1,048 times
Holding that "it is the plaintiff's burden to take the step which brings his case safely into the next phase of the litigation. The court need not conjure up unpled allegations or contrive elaborately arcane scripts in order to" allow the plaintiff's complaint to survive
Ruiz Rivera v. Pfizer
521 F.3d 76 (1st Cir. 2008) Cited 535 times 2 Legal Analyses
Holding that to establish a prima facie case of disability discrimination under the ADA, a plaintiff must prove: “ that [he] was ‘disabled’ within the meaning of the ADA; that [he] was able to perform the essential functions of [his] job with or without accommodation; and that [he] was discharged or adversely affected, in whole or in part, because of [his] disability”
Suarez v. Pueblo Intern., Inc.
229 F.3d 49 (1st Cir. 2000) Cited 603 times
Holding that the ADEA does not ensure a workplace "free from the usual ebb and flow of power relations and inter-office politics"
Fantini v. Salem State Coll.
557 F.3d 22 (1st Cir. 2009) Cited 454 times 3 Legal Analyses
Holding plaintiff had exhausted sex discrimination claim because, inter alia , she had identified an instance of disparate treatment in an attachment to her EEO complaint
Marrero v. Goya of P.R., Inc.
304 F.3d 7 (1st Cir. 2002) Cited 444 times
Holding that a minor increase in work responsibility was not materially adverse
Blackie v. Maine
75 F.3d 716 (1st Cir. 1996) Cited 451 times
Holding that contractual provision, though "not a model of syntax," was nonetheless unambiguous when "[r]ead as a whole, the [provision] can sustain only one reasonable interpretation"
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 344,659 times 920 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1367 - Supplemental jurisdiction
28 U.S.C. § 1367 Cited 61,511 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 12101 - Findings and purpose
42 U.S.C. § 12101 Cited 23,256 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 17,435 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"
§ 146. Discrimination based on age, race, color, sex, sexual orientation, gender identity, social or national origin, social condition, political affiliation, political or religious beliefs, or for being a victim or perceived as a victim of domestic violence, sexual assault or stalking, for being a servicemember, ex-servicemember, serving or having served in the United States Armed Forces, or holding veteran status
P.R. Laws tit. 29, § 146 Cited 534 times 1 Legal Analyses
Requiring employers found to have violated Law 100 to pay the aggrieved employee "a sum equal to twice the damages sustained"

Lopez-Lopez v. The Robinson School et al

47 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 “an adequate complaint must provide fair notice to the defendants and state a facially plausible legal claim” (citing Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009)), and Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929

Holding that "a complaint must allege 'a plausible entitlement to relief'" (quoting Bell Atlantic, 127 S. Ct. at 1967)

Holding that "it is the plaintiff's burden to take the step which brings his case safely into the next phase of the litigation. The court need not conjure up unpled allegations or contrive elaborately arcane scripts in order to" allow the plaintiff's complaint to survive

Holding that the ADEA does not ensure a workplace "free from the usual ebb and flow of power relations and inter-office politics"

Holding plaintiff had exhausted sex discrimination claim because, inter alia , she had identified an instance of disparate treatment in an attachment to her EEO complaint

Holding that a minor increase in work responsibility was not materially adverse

Holding that contractual provision, though "not a model of syntax," was nonetheless unambiguous when "[r]ead as a whole, the [provision] can sustain only one reasonable interpretation"

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

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"

Requiring employers found to have violated Law 100 to pay the aggrieved employee "a sum equal to twice the damages sustained"