11 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,314 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 266,259 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' "
Vaca v. Sipes
386 U.S. 171 (1967) Cited 4,173 times 2 Legal Analyses
Holding that, under the LMRA, an "individual employee has absolute right to have his grievance taken to arbitration regardless of the provisions of the applicable collective bargaining agreement"
Roberts v. City of Chi.
817 F.3d 561 (7th Cir. 2016) Cited 333 times
Holding that the complaint failed to state a claim of disparate-impact discrimination under the ADA since it was "devoid of any factual content . . . tending to show that the City's testing process . . . caused a relevant and statistically significant disparity between disabled and non-disabled applicants"
Cunningham v. Air Line Pilots Ass'n
769 F.3d 539 (7th Cir. 2014) Cited 20 times
Holding that judgment on the pleadings is warranted where the “allegations of the complaint, plus terms of the agreements, are enough in themselves to defeat a claim of discrimination”
Un. Indepen. Flight Officers v. Un. Air Lines
756 F.2d 1274 (7th Cir. 1985) Cited 65 times 2 Legal Analyses
Rejecting as "patently fallacious" the argument that negotiation between a carrier and union "necessarily entails collusion"
Steffens v. Brotherhood of Railway
797 F.2d 442 (7th Cir. 1986) Cited 53 times
Affirming dismissal of time-barred RLA claim under Rule 12(b)
Cunningham v. United Airlines, Inc.
No. 13 C 5522 (N.D. Ill. Feb. 4, 2014) Cited 6 times
Holding that potential knowledge of union discrimination against its members is not enough to support a finding of collusion by the carrier, absent extreme factual scenarios
Corzine v. Brotherhood of Locomotive Engineers
147 F.3d 651 (7th Cir. 1998) Cited 6 times
No. 97-3961 ARGUED APRIL 14, 1998 DECIDED JULY 17, 1998 Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 97 C 4337 — George M. Marovich, Judge. Stephen A. Murphy, Chicago, IL, Clinton J. Miller, III, Kevin C. Brodar (argued), United Transportation Union, Cleveland, OH, for Plaintiffs-Appellants. Harold A. Ross (argued), Ross Kraushaar, Cleveland, OH, William L. Phillips, Chicago, IL, for Defendant-Appellee Brotherhood of Locomotive Engineers
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 345,449 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
Section 185 - Suits by and against labor organizations
29 U.S.C. § 185 Cited 14,528 times 13 Legal Analyses
Granting federal district courts jurisdiction over breach of contract claims arising out of collective bargaining contracts

Missel v. Csx Transportation, Inc. et al

11 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, under the LMRA, an "individual employee has absolute right to have his grievance taken to arbitration regardless of the provisions of the applicable collective bargaining agreement"

Holding that judgment on the pleadings is warranted where the “allegations of the complaint, plus terms of the agreements, are enough in themselves to defeat a claim of discrimination”

Rejecting as "patently fallacious" the argument that negotiation between a carrier and union "necessarily entails collusion"

Affirming dismissal of time-barred RLA claim under Rule 12(b)

Holding that potential knowledge of union discrimination against its members is not enough to support a finding of collusion by the carrier, absent extreme factual scenarios

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

Granting federal district courts jurisdiction over breach of contract claims arising out of collective bargaining contracts