25 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 280,791 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
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 242,291 times 39 Legal Analyses
Holding that summary judgment is appropriate when the evidence is "so one-sided that one party must prevail as a matter of law"
T.W. Elec. Service v. Pacific Elec. Contr
809 F.2d 626 (9th Cir. 1987) Cited 10,158 times
Holding that "[i]nferences must ... be drawn in the light most favorable to the nonmoving party" so long as "it is ‘rational’ or ‘reasonable’ and otherwise permissible under the governing substantive law"
Nissan Fire Marine Ins. Co. v. Fritz Co.
210 F.3d 1099 (9th Cir. 2000) Cited 4,552 times
Holding that once the moving party carries its initial burden of production, "the nonmoving parties were obligated to produce evidence in response"
Ray v. Henderson
217 F.3d 1234 (9th Cir. 2000) Cited 1,326 times 2 Legal Analyses
Holding that for purposes of a Title VII retaliation claim, "an action is cognizable as an adverse employment action if it is reasonably likely to deter employees from engaging in protected activity"
Humphrey v. Memorial Hospitals Ass'n
239 F.3d 1128 (9th Cir. 2001) Cited 582 times 7 Legal Analyses
Holding that employer had a duty to accommodate employee with obsessive compulsive disorder, which interfered with her ability to get to work on time, or at all, but did not affect her ability to function effectively as a medical transcriptionist
Wasco Products v. Southwall Technologies
435 F.3d 989 (9th Cir. 2006) Cited 466 times
Holding that conspiracy-based justification for tolling statute of limitations must be included in pleadings, "even where the tolling argument is raised in opposition to summary judgment," because "'summary judgment is not a procedural second chance to flesh out inadequate pleadings'"
Zukle v. Regents of the University of California
166 F.3d 1041 (9th Cir. 1999) Cited 549 times
Holding that the anti-discrimination provision of § 504 requires the plaintiff to show that she is "otherwise qualified" for the position at issue
Hansen v. U.S.
7 F.3d 137 (9th Cir. 1993) Cited 650 times
Holding that Certificate of Assessment on Form 4340 is probative evidence in and of itself and, in the absence of contrary evidence, shows that notices and assessments were properly made
Picken v. Pier 1 Imports (U.S.), Inc.
457 F.3d 963 (9th Cir. 2006) Cited 421 times
Holding that a plaintiff could not raise new allegations supporting her claim for the first time at summary judgment
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 337,668 times 161 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 164,455 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 41 - Dismissal of Actions
Fed. R. Civ. P. 41 Cited 116,268 times 200 Legal Analyses
Holding that such dismissal "operates as an adjudication on the merits"
Section 2000e - Definitions
42 U.S.C. § 2000e Cited 52,665 times 130 Legal Analyses
Granting EEOC authority to issue procedural regulations to carry out Title VII provisions
Section 12102 - Definition of disability
42 U.S.C. § 12102 Cited 11,196 times 40 Legal Analyses
Recognizing ADA claim where plaintiff is "regarded as" disabled
Section 705 - Definitions
29 U.S.C. § 705 Cited 1,092 times 3 Legal Analyses
Adopting the definition of disability set forth in § 12102

Sundstrom v. Usps et al

25 Cited authorities

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 summary judgment is appropriate when the evidence is "so one-sided that one party must prevail as a matter of law"

Holding that "[i]nferences must ... be drawn in the light most favorable to the nonmoving party" so long as "it is ‘rational’ or ‘reasonable’ and otherwise permissible under the governing substantive law"

Holding that once the moving party carries its initial burden of production, "the nonmoving parties were obligated to produce evidence in response"

Holding that for purposes of a Title VII retaliation claim, "an action is cognizable as an adverse employment action if it is reasonably likely to deter employees from engaging in protected activity"

Holding that employer had a duty to accommodate employee with obsessive compulsive disorder, which interfered with her ability to get to work on time, or at all, but did not affect her ability to function effectively as a medical transcriptionist

Holding that conspiracy-based justification for tolling statute of limitations must be included in pleadings, "even where the tolling argument is raised in opposition to summary judgment," because "'summary judgment is not a procedural second chance to flesh out inadequate pleadings'"

Holding that the anti-discrimination provision of § 504 requires the plaintiff to show that she is "otherwise qualified" for the position at issue

Holding that Certificate of Assessment on Form 4340 is probative evidence in and of itself and, in the absence of contrary evidence, shows that notices and assessments were properly made

Holding that a plaintiff could not raise new allegations supporting her claim for the first time at summary judgment

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Holding that such dismissal "operates as an adjudication on the merits"

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

Recognizing ADA claim where plaintiff is "regarded as" disabled

Adopting the definition of disability set forth in § 12102