47 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 195,191 times   262 Legal Analyses
    Holding that the sufficiency of the allegations is a legal question so appellate courts have jurisdiction to consider it on appeal from denial of qualified immunity
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 209,562 times   342 Legal Analyses
    Holding that conclusory allegations that the defendants acted unlawfully were insufficient to state a claim
  3. Ocasio-Hernández v. Fortuño-Burset

    640 F.3d 1 (1st Cir. 2011)   Cited 1,525 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
  4. Rodríguez v. Margo

    490 F.3d 92 (1st Cir. 2007)   Cited 601 times
    Holding that "a complaint must allege `a plausible entitlement to relief'" (quoting Bell Atlantic, 127 S. Ct. at 1967)
  5. Gooley v. Mobil Oil Corp.

    851 F.2d 513 (1st Cir. 1988)   Cited 1,008 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
  6. Ruiz Rivera v. Pfizer

    521 F.3d 76 (1st Cir. 2008)   Cited 463 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”
  7. Suarez v. Pueblo Intern., Inc.

    229 F.3d 49 (1st Cir. 2000)   Cited 573 times
    Finding defendant's efforts to marginalize plaintiff by imposing harsh deadlines and excluding him from meetings does not state a claim of constructive discharge
  8. Fantini v. Salem State Coll.

    557 F.3d 22 (1st Cir. 2009)   Cited 381 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
  9. Marrero v. Goya of P.R., Inc.

    304 F.3d 7 (1st Cir. 2002)   Cited 407 times
    Holding that a minor increase in work responsibility was not materially adverse
  10. Blackie v. Maine

    75 F.3d 716 (1st Cir. 1996)   Cited 407 times
    Holding in context of FLSA retaliation claim that an adverse employment action generally occurs when employer " take something of consequence from the employee" or " withhold from the employee an accouterment of the employment relationship"
  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 269,826 times   783 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 48,767 times   73 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"
  13. Section 12101 - Findings and purpose

    42 U.S.C. § 12101   Cited 19,780 times   56 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"
  14. Section 621 - Congressional statement of findings and purpose

    29 U.S.C. § 621   Cited 16,156 times   20 Legal Analyses
    Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"