32 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,203 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
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,949 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' "
  3. US Airways, Inc. v. Barnett

    535 U.S. 391 (2002)   Cited 1,076 times   29 Legal Analyses
    Holding that "reasonable accommodation" in ADA means more than just effective accommodation
  4. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,099 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss
  5. Ivey v. Board of Regents of Univ. of Alaska

    673 F.2d 266 (9th Cir. 1982)   Cited 10,882 times
    Holding that vague and conclusory allegations of official participation in civil rights violations are insufficient to withstand a motion to dismiss
  6. Halebian v. Berv

    644 F.3d 122 (2d Cir. 2011)   Cited 399 times
    Holding that the district court must adjudicate the claim within the framework of summary judgment by converting the defendants' motion to dismiss pursuant to Federal Rule of Civil Procedure 12(d)
  7. Zukle v. Regents of the University of California

    166 F.3d 1041 (9th Cir. 1999)   Cited 521 times
    Holding that the anti-discrimination provision of § 504 requires the plaintiff to show that she is "otherwise qualified" for the position at issue
  8. City of Moorpark v. Superior Court

    18 Cal.4th 1143 (Cal. 1998)   Cited 301 times   3 Legal Analyses
    Holding that plaintiff may simultaneously pursue § 132a claim before Workers' Compensation Appeals Board and action in state court for common-law violation of public policy
  9. Fermino v. Fedco, Inc.

    7 Cal.4th 701 (Cal. 1994)   Cited 258 times
    Holding that a claim of false imprisonment by an employer is always outside the scope of the compensation bargain
  10. Charles J. Vacanti, M.D., Inc. v. State Comp. Ins. Fund

    24 Cal.4th 800 (Cal. 2001)   Cited 171 times   8 Legal Analyses
    Holding that the Workers' Compensation Appeals Board is "the exclusive forum for pursuing a section 132a claim"
  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 348,503 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
  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,606 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 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,541 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."
  14. Section 12101 - Findings and purpose

    42 U.S.C. § 12101   Cited 23,484 times   65 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"
  15. Section 12102 - Definition of disability

    42 U.S.C. § 12102   Cited 10,845 times   40 Legal Analyses
    Recognizing ADA claim where plaintiff is "regarded as" disabled
  16. Section 12111 - Definitions

    42 U.S.C. § 12111   Cited 8,050 times   60 Legal Analyses
    Adopting the definition of "person" in 42 U.S.C. § 2000e for purposes of Title I of the ADA
  17. Section 3602 - Willful assault by employer; fraudulent concealment of injury; defective product manufactured by employer

    Cal. Lab. Code § 3602   Cited 445 times   1 Legal Analyses
    Revealing that California's exclusive-remedy provision explicitly applies to "the employee or his or her dependents "
  18. Section 132a - Declared policy of state

    Cal. Lab. Code § 132a   Cited 221 times   8 Legal Analyses
    Coming within Division 1, regarding the Department of Industrial Relations, Chapter 5, which sets forth the Division of Workers' Compensation, and making it illegal for employers to discharge, threaten to discharge or otherwise discriminate against an employee because he or she has filed or made known an intention to file a claim for workers' compensation, or because the employee "has received a rating, award, or settlement"
  19. Section 3200 - Workmen's compensation known as workers' compensation

    Cal. Lab. Code § 3200   Cited 207 times   2 Legal Analyses

    The Legislature hereby declares its intent that the term "workmen's compensation" shall hereafter also be known as "workers' compensation, " and that the "Workmen's Compensation Appeals Board" shall hereafter be known as the "Workers' Compensation Appeals Board." In furtherance of this policy it is the desire of the Legislature that references to the terms "workmen's compensation" and "Workmen's Compensation Appeals Board" in this code or elsewhere be changed to "workers' compensation" and "Workers'

  20. Section 5300 - Proceedings instituted before appeals board

    Cal. Lab. Code § 5300   Cited 179 times
    Providing that suits seeking workers compensation "shall be instituted before the appeals board and not elsewhere..."
  21. Section 1630.2 - Definitions

    29 C.F.R. § 1630.2   Cited 8,356 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"