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Podliska v. U.S. House of Representatives Select Committee on the Events Surrounding the 2012 Terrorist Attack in Benghazi et al

MOTION to Dismiss Counts I and II

107 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,459 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 266,381 times   365 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. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 18,963 times   5 Legal Analyses
    Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

  4. Univ. of Tex. Sw. Med. Ctr. v. Nassar

    570 U.S. 338 (2013)   Cited 5,207 times   78 Legal Analyses
    Holding that application of the " ‘because’ of" requirement of Title VII's antiretaliation provision requires proof of "but-for" causation

  5. Gross v. FBL Financial Services, Inc.

    557 U.S. 167 (2009)   Cited 4,477 times   83 Legal Analyses
    Holding that the Age Discrimination in Employment Act's language "because of such individual's age," required plaintiff show "age was the ‘but-for’ cause of the employer's adverse decision"

  6. Clark Cty. Sch. Dist. v. Breeden

    532 U.S. 268 (2001)   Cited 5,361 times   12 Legal Analyses
    Holding that the temporal proximity requirement to establish a prima facie case "between an employer's knowledge of protected activity and an adverse employment action as sufficient evidence" must be "very close"

  7. Staub v. Proctor Hosp.

    562 U.S. 411 (2011)   Cited 1,343 times   42 Legal Analyses
    Holding that a person who "did not intend to cause dismissal" cannot be deemed "responsible" for the dismissal, even if the dismissal was the "result" or "foreseeable consequence" of the person's actions

  8. Burrage v. United States

    571 U.S. 204 (2014)   Cited 949 times   18 Legal Analyses
    Holding that "results from" imposes but-for causation

  9. Davis v. Passman

    442 U.S. 228 (1979)   Cited 2,920 times   2 Legal Analyses
    Holding that former congressional staff member could sue U.S. Congressman for damages under Fifth Amendment for discriminating against her on basis of sex

  10. Delaware State College v. Ricks

    449 U.S. 250 (1980)   Cited 2,341 times   6 Legal Analyses
    Holding a claim began to accrue when a board made the final decision to deny tenure, not after the subsequent grievance procedure to the same board

  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 345,620 times   922 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 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,253 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."

  13. Section 4311 - Discrimination against persons who serve in the uniformed services and acts of reprisal prohibited

    38 U.S.C. § 4311   Cited 735 times   7 Legal Analyses
    Prohibiting denial of reemployment "on the basis" of uniformed service

  14. Section 4323 - Enforcement of rights with respect to a State or private employer

    38 U.S.C. § 4323   Cited 348 times   3 Legal Analyses
    Allowing courts to award "reasonable attorney fees, expert witness fees, and other litigation expenses"

  15. Section 2021 - Homeless veterans reintegration programs

    38 U.S.C. § 2021   Cited 264 times
    Providing for qualified employees to be restored to their positions or positions of similar seniority, status and pay "if such position was in the employ of . . . the United States Government, its territories, or possessions, or political subdivisions thereof, or the District of Columbia . . . ."

  16. Section 1317 - Prohibition of intimidation or reprisal

    2 U.S.C. § 1317   Cited 54 times
    Extending the protections of Title VII to the legislative branch of the federal government

  17. Section 4318 - Employee pension benefit plans

    38 U.S.C. § 4318   Cited 38 times   1 Legal Analyses

    (a) (1) (A) Except as provided in subparagraph (B), in the case of a right provided pursuant to an employee pension benefit plan (including those described in sections 3(2) and 3(33) of the Employee Retirement Income Security Act of 1974) or a right provided under any Federal or State law governing pension benefits for governmental employees, the right to pension benefits of a person reemployed under this chapter shall be determined under this section. (B) In the case of benefits under the Thrift

  18. Section 1381 - Establishment of Office of Congressional Workplace Rights

    2 U.S.C. § 1381   Cited 10 times

    (a) Establishment There is established, as an independent office within the legislative branch of the Federal Government, the Office of Congressional Workplace Rights. (b) Board of Directors The Office shall have a Board of Directors. The Board shall consist of 5 individuals appointed jointly by the Speaker of the House of Representatives, the Majority Leader of the Senate, and the Minority Leaders of the House of Representatives and the Senate, who are authorized to take such steps as they consider

  19. Section 4334 - Notice of rights and duties

    38 U.S.C. § 4334   Cited 9 times

    (a) REQUIREMENT TO PROVIDE NOTICE.-Each employer shall provide to persons entitled to rights and benefits under this chapter a notice of the rights, benefits, and obligations of such persons and such employers under this chapter. The requirement for the provision of notice under this section may be met by the posting of the notice where employers customarily place notices for employees. (b) CONTENT OF NOTICE.-The Secretary shall provide to employers the text of the notice to be provided under this

  20. Section 1413 - Privileges and immunities

    2 U.S.C. § 1413   Cited 5 times

    The authorization to bring judicial proceedings under sections 1405(f)(3), 1407, and 1408 of this title shall not constitute a waiver of sovereign immunity for any other purpose, or of the privileges of any Senator or Member of the House of Representatives under article I, section 6, clause 1, of the Constitution, or a waiver of any power of either the Senate or the House of Representatives under the Constitution, including under article I, section 5, clause 3, or under the rules of either House

  21. Section 1002.22 - Who has the burden of proving discrimination or retaliation in violation of USERRA?

    20 C.F.R. § 1002.22   Cited 17 times   1 Legal Analyses

    The individual has the burden of proving that a status or activity protected by USERRA was one of the reasons that the employer took action against him or her, in order to establish that the action was discrimination or retaliation in violation of USERRA. If the individual succeeds in proving that the status or activity protected by USERRA was one of the reasons the employer took action against him or her, the employer has the burden to prove the affirmative defense that it would have taken the action

  22. Section 1002.23 - What must the individual show to carry the burden of proving that the employer discriminated or retaliated against him or her?

    20 C.F.R. § 1002.23   Cited 4 times

    (a) In order to prove that the employer discriminated or retaliated against the individual, he or she must first show that the employer's action was motivated by one or more of the following: (1) Membership or application for membership in a uniformed service; (2) Performance of service, application for service, or obligation for service in a uniformed service; (3) Action taken to enforce a protection afforded any person under USERRA; (4) Testimony or statement made in or in connection with a USERRA