29 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,413 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 269,161 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' "
McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 52,406 times 95 Legal Analyses
Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision
Littlejohn v. City of N.Y.
795 F.3d 297 (2d Cir. 2015) Cited 2,254 times 11 Legal Analyses
Holding that inference of discrimination was further supported by plaintiff's allegations that her replacement was not only outside her protected class but also less qualified for the position due to lack of relevant work experience
D'Amico v. the City of New York
132 F.3d 145 (2d Cir. 1998) Cited 1,106 times
Holding that party opposing summary judgment "may not rely on mere conclusory allegations nor speculation, but instead must offer some hard evidence showing that its version of the events is not wholly fanciful"
Bay v. Cassens Transport Company
212 F.3d 969 (7th Cir. 2000) Cited 565 times
Holding that, absent evidence of bad faith or pretext, an employer is generally entitled to rely on medical determinations of an employee's abilities
Graves v. Finch Pruyn Co., Inc.
457 F.3d 181 (2d Cir. 2006) Cited 432 times 3 Legal Analyses
Holding that the ADA did not require employer to create a temporary position or make it permanent
McElwee v. Cnty. of Orange
700 F.3d 635 (2d Cir. 2012) Cited 336 times 1 Legal Analyses
Granting summary judgment to a defendant employer because the defendant provided evidence that the plaintiff was terminated due to sexually harassing and other "disturbing" behaviors, even if those behaviors were related to the plaintiff's autism spectrum disorder
Mary Jo C. v. N.Y. State & Local Ret. Sys.
707 F.3d 144 (2d Cir. 2013) Cited 278 times 2 Legal Analyses
Holding that "the statute unambiguously limits employment discrimination claims to Title I. A public employee may not bring a Title II claim against his or her employer, at least when the defendant employer employs fifteen or more employees."
Myers v. Hose
50 F.3d 278 (4th Cir. 1995) Cited 352 times 2 Legal Analyses
Holding on summary judgment that "the duty of reasonable accommodation does not encompass a responsibility to provide a disabled employee with alternative employment when the employee is unable to meet the demands of his [or her] present position."
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 348,708 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 12112 - Discrimination
42 U.S.C. § 12112 Cited 13,599 times 159 Legal Analyses
Recognizing failure to accommodate as form of discrimination
Section 1746 - Unsworn declarations under penalty of perjury
28 U.S.C. § 1746 Cited 10,104 times 17 Legal Analyses
Permitting the use of declarations instead
Section 12132 - Discrimination
42 U.S.C. § 12132 Cited 8,272 times 11 Legal Analyses
Prohibiting disability discrimination by public entities
Section 701 - Findings; purpose; policy
29 U.S.C. § 701 Cited 4,085 times 9 Legal Analyses
Finding that "disability ... in no way diminishes the right of individuals" to "enjoy full inclusion and integration" in the "mainstream of American society"
Section 113 - Federal Motor Carrier Safety Administration
49 U.S.C. § 113 Cited 39 times
Creating the FMCSA
Section 1630.15 - Defenses
29 C.F.R. § 1630.15 Cited 247 times 8 Legal Analyses
Explaining that it is a defense to liability under the ADA "that another [f]ederal law or regulation prohibits an action (including the provision of a particular reasonable accommodation) that would otherwise be required by this part"
Section 820.3 - Qualifications of drivers
N.Y. Comp. Codes R. & Regs. tit. 17 § 820.3 Cited 1 times
(a) The Commissioner of Transportation adopts part 391 of title 49 of the Code of Federal Regulations (CFR) with the same force and effect as though herein fully set forth at length with respect to drivers of commercial motor vehicles, as herein defined operating in interstate or foreign commerce. (b) The Commissioner of Transportation adopts 49 CFR part 391 with the same force and effect as though herein fully set forth at length with respect to drivers operating solely in intrastate commerce operating

Scuteri et al v. City of New York et al

29 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 in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision

Holding that inference of discrimination was further supported by plaintiff's allegations that her replacement was not only outside her protected class but also less qualified for the position due to lack of relevant work experience

Holding that party opposing summary judgment "may not rely on mere conclusory allegations nor speculation, but instead must offer some hard evidence showing that its version of the events is not wholly fanciful"

Holding that, absent evidence of bad faith or pretext, an employer is generally entitled to rely on medical determinations of an employee's abilities

Holding that the ADA did not require employer to create a temporary position or make it permanent

Granting summary judgment to a defendant employer because the defendant provided evidence that the plaintiff was terminated due to sexually harassing and other "disturbing" behaviors, even if those behaviors were related to the plaintiff's autism spectrum disorder

Holding that "the statute unambiguously limits employment discrimination claims to Title I. A public employee may not bring a Title II claim against his or her employer, at least when the defendant employer employs fifteen or more employees."

Holding on summary judgment that "the duty of reasonable accommodation does not encompass a responsibility to provide a disabled employee with alternative employment when the employee is unable to meet the demands of his [or her] present position."

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

Recognizing failure to accommodate as form of discrimination

Permitting the use of declarations instead

Prohibiting disability discrimination by public entities

Finding that "disability ... in no way diminishes the right of individuals" to "enjoy full inclusion and integration" in the "mainstream of American society"

Creating the FMCSA

Explaining that it is a defense to liability under the ADA "that another [f]ederal law or regulation prohibits an action (including the provision of a particular reasonable accommodation) that would otherwise be required by this part"