23 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,123 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 268,865 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' "
Nat'l R.R. Passenger Corp. v. Morgan
536 U.S. 101 (2002) Cited 10,314 times 31 Legal Analyses
Holding limitations period for hostile-work-environment claim runs from the last act composing the claim
Papasan v. Allain
478 U.S. 265 (1986) Cited 16,797 times 6 Legal Analyses
Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"
Ragsdale v. Wolverine World Wide, Inc.
535 U.S. 81 (2002) Cited 903 times 6 Legal Analyses
Holding employee must “ha[ve] been prejudiced by the violation” to obtain relief
Arban v. W. Pub. Corp.
345 F.3d 390 (6th Cir. 2003) Cited 767 times 1 Legal Analyses
Holding that there was sufficient evidence for a jury to find interference where during plaintiff's leave, his supervisor called him multiple times, asked him to gather customer lists and pending sales, and requested that he meet with the supervisor
Edgar v. JAC Prods., Inc.
443 F.3d 501 (6th Cir. 2006) Cited 670 times 2 Legal Analyses
Holding "interference with an employee's FMLA rights does not constitute a violation if the employer has a legitimate reason unrelated to the exercise of FMLA rights for engaging in the challenged conduct"
Wysong v. Dow Chemical Co.
503 F.3d 441 (6th Cir. 2007) Cited 335 times
Holding that an "involuntary leave" interference claim "ripens only when and if the employee seeks FMLA leave at a later date, and such leave is not available because the [employer] wrongfully forced [the employee] to use FMLA leave in the past"
Hilliard v. City of Denver
502 U.S. 1013 (1991) Cited 173 times
Reporting trial court's finding that defendant's frequent reference to plaintiff's sex discrimination action against prior employer warranted inference that defendant's refusal to hire was retaliatory
Smith v. Diffee Ford-Lincoln-Mercury, Inc.
298 F.3d 955 (10th Cir. 2002) Cited 346 times
Holding that the trial judge impermissibly “disregarded the jury's implicit finding” when the judge denied the wrongfully discharged plaintiff equitable relief of front pay for reasons inconsistent with the jury's findings
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 348,416 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
Section 2601 - Findings and purposes
29 U.S.C. § 2601 Cited 7,662 times 39 Legal Analyses
Finding that there is inadequate job security for employees who have serious health conditions that prevent them from working for temporary periods
Section 2615 - Prohibited acts
29 U.S.C. § 2615 Cited 5,108 times 23 Legal Analyses
Granting prescriptive rights
Section 2617 - Enforcement
29 U.S.C. § 2617 Cited 2,185 times 11 Legal Analyses
Providing a right of action to employees
Section 413.120 - Actions to be brought within five years
Ky. Rev. Stat. § 413.120 Cited 590 times 1 Legal Analyses
Requiring commencement within five years for "[a]n action for relief or damages on the ground of fraud ..."
Section 344.280 - Conspiracy to violate chapter unlawful
Ky. Rev. Stat. § 344.280 Cited 307 times
Making it unlawful for "a person" to "retaliate or discriminate"
Section 344.450 - Civil remedies for injunction and damages
Ky. Rev. Stat. § 344.450 Cited 142 times
Authorizing damages, court costs, and attorneys' fees to any person allegedly injured by any unlawful act

Percell v. Kentucky Department of Military Affairs et al

23 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 limitations period for hostile-work-environment claim runs from the last act composing the claim

Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

Holding employee must “ha[ve] been prejudiced by the violation” to obtain relief

Holding that there was sufficient evidence for a jury to find interference where during plaintiff's leave, his supervisor called him multiple times, asked him to gather customer lists and pending sales, and requested that he meet with the supervisor

Holding "interference with an employee's FMLA rights does not constitute a violation if the employer has a legitimate reason unrelated to the exercise of FMLA rights for engaging in the challenged conduct"

Holding that an "involuntary leave" interference claim "ripens only when and if the employee seeks FMLA leave at a later date, and such leave is not available because the [employer] wrongfully forced [the employee] to use FMLA leave in the past"

Reporting trial court's finding that defendant's frequent reference to plaintiff's sex discrimination action against prior employer warranted inference that defendant's refusal to hire was retaliatory

Holding that the trial judge impermissibly “disregarded the jury's implicit finding” when the judge denied the wrongfully discharged plaintiff equitable relief of front pay for reasons inconsistent with the jury's findings

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

Finding that there is inadequate job security for employees who have serious health conditions that prevent them from working for temporary periods

Granting prescriptive rights

Providing a right of action to employees

Requiring commencement within five years for "[a]n action for relief or damages on the ground of fraud ..."

Making it unlawful for "a person" to "retaliate or discriminate"

Authorizing damages, court costs, and attorneys' fees to any person allegedly injured by any unlawful act