51 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,477 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 276,716 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
Oncale v. Sundowner Offshore Servs., Inc.
523 U.S. 75 (1998) Cited 5,270 times 50 Legal Analyses
Holding that "[w]hatever evidentiary route the plaintiff chooses to follow, he or she must always prove that the conduct at issue was not merely tinged with offensive . . . connotations"
Conley v. Gibson
355 U.S. 41 (1957) Cited 59,158 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"
Cleveland v. Policy Management Systems Corp.
526 U.S. 795 (1999) Cited 883 times 1 Legal Analyses
Holding that in order to discredit an affidavit at summary judgment, it must, for example, "flatly contradict that party's earlier sworn deposition"
Ocasio-Hernández v. Fortuño-Burset
640 F.3d 1 (1st Cir. 2011) Cited 2,222 times 1 Legal Analyses
Holding that “an adequate complaint must provide fair notice to the defendants and state a facially plausible legal claim” (citing Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009)), and Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929
Calero-Cerezo v. U.S. Dept. of Justice
355 F.3d 6 (1st Cir. 2004) Cited 1,225 times 2 Legal Analyses
Holding that one-month period was sufficient temporal proximity for prima facie case
Aulson v. Blanchard
83 F.3d 1 (1st Cir. 1996) Cited 956 times
Holding that a § 1985 class "[must be] comprised of a distinctive and identifiable group" and therefore rejecting a class defined as "persons who support other persons opposed to the politics of the old guard"
Sanchez v. Pereira-Castillo
590 F.3d 31 (1st Cir. 2009) Cited 529 times
Holding that plaintiff stated a Fourth Amendment claim pursuant to § 1983 against sergeant of correctional facility because the plaintiff "specifically allege[d]" the acts by the sergeant that "set in motion" the chain of events leading to a constitutional violation
Gooley v. Mobil Oil Corp.
851 F.2d 513 (1st Cir. 1988) Cited 1,064 times
Holding that "it is the plaintiff's burden to take the step which brings his case safely into the next phase of the litigation. The court need not conjure up unpled allegations or contrive elaborately arcane scripts in order to" allow the plaintiff's complaint to survive
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 357,835 times 950 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 162,084 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 2000e - Definitions
42 U.S.C. § 2000e Cited 52,350 times 130 Legal Analyses
Granting EEOC authority to issue procedural regulations to carry out Title VII provisions
Section 12101 - Findings and purpose
42 U.S.C. § 12101 Cited 23,991 times 66 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 12112 - Discrimination
42 U.S.C. § 12112 Cited 13,878 times 159 Legal Analyses
Recognizing failure to accommodate as form of discrimination
Section 12102 - Definition of disability
42 U.S.C. § 12102 Cited 11,093 times 40 Legal Analyses
Recognizing ADA claim where plaintiff is "regarded as" disabled
Section 705 - Definitions
29 U.S.C. § 705 Cited 1,091 times 3 Legal Analyses
Adopting the definition of disability set forth in § 12102
Section 1630.2 - Definitions
29 C.F.R. § 1630.2 Cited 8,500 times 141 Legal Analyses
Holding that major life activity is substantially limited if plaintiff is "significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities"

Pizarro-Correa v. Puerto Rico Internal Revenue Department et al

51 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 "[w]hatever evidentiary route the plaintiff chooses to follow, he or she must always prove that the conduct at issue was not merely tinged with offensive . . . connotations"

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 in order to discredit an affidavit at summary judgment, it must, for example, "flatly contradict that party's earlier sworn deposition"

Holding that “an adequate complaint must provide fair notice to the defendants and state a facially plausible legal claim” (citing Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009)), and Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929

Holding that one-month period was sufficient temporal proximity for prima facie case

Holding that a § 1985 class "[must be] comprised of a distinctive and identifiable group" and therefore rejecting a class defined as "persons who support other persons opposed to the politics of the old guard"

Holding that plaintiff stated a Fourth Amendment claim pursuant to § 1983 against sergeant of correctional facility because the plaintiff "specifically allege[d]" the acts by the sergeant that "set in motion" the chain of events leading to a constitutional violation

Holding that "it is the plaintiff's burden to take the step which brings his case safely into the next phase of the litigation. The court need not conjure up unpled allegations or contrive elaborately arcane scripts in order to" allow the plaintiff's complaint to survive

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. . . ."

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

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

Recognizing failure to accommodate as form of discrimination

Recognizing ADA claim where plaintiff is "regarded as" disabled

Adopting the definition of disability set forth in § 12102

Holding that major life activity is substantially limited if plaintiff is "significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities"