54 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,855 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
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,629 times   366 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' "
  3. Reeves v. Sanderson Plumbing Prods., Inc.

    530 U.S. 133 (2000)   Cited 21,167 times   22 Legal Analyses
    Holding that, since the 58-year-old plaintiff was fired by his 60-year-old employer, there was an inference that "age discrimination was not the motive"
  4. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 52,355 times   95 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
  5. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,634 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"
  6. Robbins v. Oklahoma

    519 F.3d 1242 (10th Cir. 2008)   Cited 5,755 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"
  7. 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"
  8. U.S. v. Ritchie

    342 F.3d 903 (9th Cir. 2003)   Cited 3,717 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"
  9. Mohasco Corp. v. Silver

    447 U.S. 807 (1980)   Cited 990 times
    Holding that an agency’s " ‘interpretation’ of a statute cannot supersede the language chosen by Congress"
  10. Vasquez v. County of Los Angeles

    349 F.3d 634 (9th Cir. 2003)   Cited 1,711 times   1 Legal Analyses
    Holding that racist comments were "not severe or pervasive enough" to create a dispute of fact
  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 348,148 times   927 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,408 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 69,669 times   122 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
  14. Section 1981 - Equal rights under the law

    42 U.S.C. § 1981   Cited 38,033 times   247 Legal Analyses
    Granting equal rights to "make and enforce contracts" without regard to race
  15. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,507 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."
  16. Section 2000e-5 - Enforcement provisions

    42 U.S.C. § 2000e-5   Cited 26,960 times   124 Legal Analyses
    Holding charges must be made in writing, under oath, and contain all information as the Commission requires
  17. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,233 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system
  18. Section 2000e-3 - Other unlawful employment practices

    42 U.S.C. § 2000e-3   Cited 14,484 times   43 Legal Analyses
    Prohibiting retaliation against employees who "oppos[e] any [unlawful] practice"
  19. Section 160 - Prevention of unfair labor practices

    29 U.S.C. § 160   Cited 7,016 times   19 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
  20. Section 335.1 - Assault, battery or injury or death caused by wrongful act or negligence

    Cal. Code Civ. Proc. § 335.1   Cited 2,296 times   5 Legal Analyses
    Imposing two-year statute of limitations for personal injury claims