107 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 195,191 times   262 Legal Analyses
    Holding that the sufficiency of the allegations is a legal question so appellate courts have jurisdiction to consider it on appeal from denial of qualified immunity
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 209,562 times   342 Legal Analyses
    Holding that conclusory allegations that the defendants acted unlawfully were insufficient to state a claim
  3. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 13,632 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 4,023 times   76 Legal Analyses
    Holding that a plaintiff must show but-for causation to succeed on a retaliation claim
  5. Gross v. FBL Financial Services, Inc.

    557 U.S. 167 (2009)   Cited 3,767 times   84 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 4,466 times   12 Legal Analyses
    Holding that an adverse action taken twenty months after employer became aware of protected activity "suggests, by itself, no causality at all"
  7. Staub v. Proctor Hosp.

    562 U.S. 411 (2011)   Cited 1,132 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 696 times   10 Legal Analyses
    Holding that "a defendant cannot be liable under the penalty enhancement provision of 21 U.S.C. § 841(b)(C) unless such use is a but-for cause of the death or injury"
  9. Delaware State College v. Ricks

    449 U.S. 250 (1980)   Cited 2,164 times   6 Legal Analyses
    Holding that a professor’s eventual termination was merely the continuing effect of the original decision to deny tenure and not a new violation
  10. Dennis v. Sparks

    449 U.S. 24 (1980)   Cited 1,955 times   1 Legal Analyses
    Holding that a private defendant can act under color of state law if it is a "willful participant in joint action with the State or its agents"
  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 270,437 times   785 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 21,941 times   27 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 648 times   6 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 306 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 261 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 49 times
    Proscribing any acts adverse to a covered employee "because" the employee has "participated in any manner in a hearing or other proceeding under this chapter"
  17. Section 4318 - Employee pension benefit plans

    38 U.S.C. § 4318   Cited 29 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 9 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 7 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 16 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 3 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