57 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,028 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 268,776 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' "
Phillips v. County of Allegheny
515 F.3d 224 (3d Cir. 2008) Cited 16,932 times 2 Legal Analyses
Holding that a district court need not permit a curative amendment if such amendment would be futile
Zipes v. Trans World Airlines, Inc.
455 U.S. 385 (1982) Cited 3,703 times 6 Legal Analyses
Holding that the Title VII limitations period should be construed to "honor the remedial purpose of the legislation as a whole without negating the particular purpose of the filing requirement"
Baldwin Cty. Welcome Ctr. v. Brown
466 U.S. 147 (1984) Cited 2,637 times 3 Legal Analyses
Holding that a plaintiff "who fails to act diligently cannot invoke equitable principles to excuse that lack of diligence"
Braden v. Wal-Mart Stores
588 F.3d 585 (8th Cir. 2009) Cited 1,888 times 6 Legal Analyses
Holding fiduciary had duty to disclose "complete and accurate material information about the Plan funds and the process by which they were selected"
Franks v. Bowman Transportation Co.
424 U.S. 747 (1976) Cited 1,096 times 7 Legal Analyses
Holding that the interests of "unnamed members of the class" who are entitled to relief may satisfy the case-or-controversy requirement
Mandel v. M & Q Packaging Corp.
706 F.3d 157 (3d Cir. 2013) Cited 910 times 1 Legal Analyses
Holding that any claims alleging retaliation were barred because the plaintiff did not check the box for retaliation or describe any retaliatory conduct in the Charge
Browning v. Clinton
292 F.3d 235 (D.C. Cir. 2002) Cited 1,331 times
Holding that when a tortious interference claim is based solely on allegedly defamatory remarks, it is "intertwined" with plaintiff's defamation claim and therefore subject to the same one-year statute of limitations
Woodson v. Scott Paper Co.
109 F.3d 913 (3d Cir. 1997) Cited 1,092 times
Holding that the Civil Rights Act of 1991's addition of § 2000e–2(m)'s "motivating-factor" standard of causation does not apply to Title VII retaliation claims
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 490,094 times 693 Legal Analyses
Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
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 348,310 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
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 91,229 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
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 69,731 times 123 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Section 2000e - Definitions
42 U.S.C. § 2000e Cited 51,663 times 129 Legal Analyses
Granting EEOC authority to issue procedural regulations to carry out Title VII provisions
Section 2000e-5 - Enforcement provisions
42 U.S.C. § 2000e-5 Cited 26,970 times 124 Legal Analyses
Holding charges must be made in writing, under oath, and contain all information as the Commission requires
Section 12101 - Findings and purpose
42 U.S.C. § 12101 Cited 23,475 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 630 - Definitions
29 U.S.C. § 630 Cited 1,220 times 23 Legal Analyses
Setting forth a 20-employee threshold for coverage under the Age Discrimination in Employment Act of 1967 (ADEA)

Moses v. Home Depot Inc. et al

57 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 district court need not permit a curative amendment if such amendment would be futile

Holding that the Title VII limitations period should be construed to "honor the remedial purpose of the legislation as a whole without negating the particular purpose of the filing requirement"

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

Holding fiduciary had duty to disclose "complete and accurate material information about the Plan funds and the process by which they were selected"

Holding that the interests of "unnamed members of the class" who are entitled to relief may satisfy the case-or-controversy requirement

Holding that any claims alleging retaliation were barred because the plaintiff did not check the box for retaliation or describe any retaliatory conduct in the Charge

Holding that when a tortious interference claim is based solely on allegedly defamatory remarks, it is "intertwined" with plaintiff's defamation claim and therefore subject to the same one-year statute of limitations

Holding that the Civil Rights Act of 1991's addition of § 2000e–2(m)'s "motivating-factor" standard of causation does not apply to Title VII retaliation claims

Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

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

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

Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

Holding charges must be made in writing, under oath, and contain all information as the Commission requires

Finding a pattern of " unnecessary discrimination and prejudice" that "costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity"

Setting forth a 20-employee threshold for coverage under the Age Discrimination in Employment Act of 1967 (ADEA)