54 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,946 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,983 times 369 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Reeves v. Sanderson Plumbing Prods., Inc.
530 U.S. 133 (2000) Cited 21,576 times 22 Legal Analyses
Holding that a "trier of fact can reasonably infer from the falsity of the explanation that the employer is dissembling to cover up a discriminatory purpose"
McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 53,341 times 96 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
Conley v. Gibson
355 U.S. 41 (1957) Cited 59,330 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Robbins v. Oklahoma
519 F.3d 1242 (10th Cir. 2008) Cited 6,067 times 1 Legal Analyses
Holding that collective allegations do not satisfy a plaintiff's "burden . . . to provide fair notice of the grounds for the claims made against each of the defendants"
Baldwin Cty. Welcome Ctr. v. Brown
466 U.S. 147 (1984) Cited 2,684 times 3 Legal Analyses
Holding that a plaintiff "who fails to act diligently cannot invoke equitable principles to excuse that lack of diligence"
U.S. v. Ritchie
342 F.3d 903 (9th Cir. 2003) Cited 3,948 times 2 Legal Analyses
Holding that a court may consider "certain materials—documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice—without converting the motion to dismiss into a motion for summary judgment"
Mohasco Corp. v. Silver
447 U.S. 807 (1980) Cited 993 times
Holding that an agency’s " ‘interpretation’ of a statute cannot supersede the language chosen by Congress"
Vasquez v. County of Los Angeles
349 F.3d 634 (9th Cir. 2003) Cited 1,767 times 1 Legal Analyses
Holding that racist comments were "not severe or pervasive enough" to create a dispute of fact
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 361,663 times 960 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 163,974 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 73,567 times 129 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 1981 - Equal rights under the law
42 U.S.C. § 1981 Cited 38,854 times 265 Legal Analyses
Granting equal rights to "make and enforce contracts" without regard to race
Rule 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 29,784 times 26 Legal Analyses
Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
Section 2000e-5 - Enforcement provisions
42 U.S.C. § 2000e-5 Cited 27,488 times 124 Legal Analyses
Holding charges must be made in writing, under oath, and contain all information as the Commission requires
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 23,409 times 16 Legal Analyses
Providing for service via CM/ECF Systems
Section 2000e-3 - Other unlawful employment practices
42 U.S.C. § 2000e-3 Cited 14,874 times 44 Legal Analyses
Prohibiting retaliation against employees who "oppos[e] any [unlawful] practice"
Section 160 - Prevention of unfair labor practices
29 U.S.C. § 160 Cited 7,076 times 23 Legal Analyses
Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB
Section 335.1 - Assault, battery or injury or death caused by wrongful act or negligence
Cal. Code Civ. Proc. § 335.1 Cited 2,370 times 6 Legal Analyses
Imposing two-year statute of limitations for personal injury claims

Oliver v. Iron Workers Union Local 229 et al

54 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding that a "trier of fact can reasonably infer from the falsity of the explanation that the employer is dissembling to cover up a discriminatory purpose"

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

Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Holding that collective allegations do not satisfy a plaintiff's "burden . . . to provide fair notice of the grounds for the claims made against each of the defendants"

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

Holding that a court may consider "certain materials—documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice—without converting the motion to dismiss into a motion for summary judgment"

Holding that an agency’s " ‘interpretation’ of a statute cannot supersede the language chosen by Congress"

Holding that racist comments were "not severe or pervasive enough" to create a dispute of fact

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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

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 equal rights to "make and enforce contracts" without regard to race

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

Providing for service via CM/ECF Systems

Prohibiting retaliation against employees who "oppos[e] any [unlawful] practice"

Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB

Imposing two-year statute of limitations for personal injury claims