28 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,544 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,461 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' "
Tex. Dept. of Cmty. Affairs v. Burdine
450 U.S. 248 (1981) Cited 19,944 times 9 Legal Analyses
Holding in the Title VII context that the plaintiff's prima facie case creates "a legally mandatory, rebuttable presumption" that shifts the burden of proof to the employer, and "if the employer is silent in the face of the presumption, the court must enter judgment for the plaintiff"
Torgerson v. City of Rochester
643 F.3d 1031 (8th Cir. 2011) Cited 2,688 times
Holding two-week gap between leave and termination was "sufficient, but barely so, to establish causation"
Pani v. Empire Blue Cross Blue Shield
152 F.3d 67 (2d Cir. 1998) Cited 978 times
Holding that a private insurance company, acting as fiscal intermediary or carrier on behalf of the United States in administration of a Medicare program, was entitled to official immunity from suit for claims that arise out of performance of its duty to investigate and report possible Medicare fraud and rejecting the argument that the denial of immunity in Richardson v. McKnight, 521 U.S. 399, 117 S.Ct. 2100, 138 L.Ed.2d 540, supported the denial of immunity to those private entities that act "on behalf of the [government] in carrying out certain administrative responsibilities that the law imposes"
Torres v. Pisano
116 F.3d 625 (2d Cir. 1997) Cited 797 times 2 Legal Analyses
Holding that plaintiff's claims that supervisor continuously referred to her in sexually derogatory terms raised jury issue on hostile environment claim
York v. Association of Bar of City of New York
286 F.3d 122 (2d Cir. 2002) Cited 636 times 1 Legal Analyses
Holding that a volunteer for the Association of the Bar of the City of New York was not an employee under Title VII
Brown v. Coach Stores, Inc.
163 F.3d 706 (2d Cir. 1998) Cited 590 times
Holding that to state a claim for failure to promote, a plaintiff must "allege that she or he applied for a specific position or positions and was rejected therefrom, rather than merely assert[] that on several occasions she or he generally requested promotion"
Llampallas v. Mini-Circuits, Lab., Inc.
163 F.3d 1236 (11th Cir. 1998) Cited 355 times
Holding that an individual who received no compensation as an officer-director could not be considered an "employee" under Title VII
O'Connor v. Davis
126 F.3d 112 (2d Cir. 1997) Cited 178 times 6 Legal Analyses
Holding that Title VII does not apply to an "unpaid intern" because she is not an "employee"
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 345,715 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
Section 290 - Purposes of article
N.Y. Exec. Law § 290 Cited 2,923 times 4 Legal Analyses
Describing purpose of article as, inter alia, "to eliminate and prevent discrimination in employment"
Section 151B:9 - Construction of statute; inconsistent laws; repeals; exclusiveness of statutory procedure; civil remedies; speedy trial; attorney's fees and costs; limitation
Mass. Gen. Laws ch. 151B § 9 Cited 296 times
Authorizing anti-discrimination suits "at the expiration of ninety days after the filing of a complaint with the [Massachusetts Commission Against Discrimination (MCAD) ], or sooner if a commissioner assents in writing"

Wang v. Phoenix Satellite Televison US, Inc. et al

28 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 the Title VII context that the plaintiff's prima facie case creates "a legally mandatory, rebuttable presumption" that shifts the burden of proof to the employer, and "if the employer is silent in the face of the presumption, the court must enter judgment for the plaintiff"

Holding two-week gap between leave and termination was "sufficient, but barely so, to establish causation"

Holding that plaintiff's claims that supervisor continuously referred to her in sexually derogatory terms raised jury issue on hostile environment claim

Holding that a volunteer for the Association of the Bar of the City of New York was not an employee under Title VII

Holding that to state a claim for failure to promote, a plaintiff must "allege that she or he applied for a specific position or positions and was rejected therefrom, rather than merely assert[] that on several occasions she or he generally requested promotion"

Holding that an individual who received no compensation as an officer-director could not be considered an "employee" under Title VII

Holding that Title VII does not apply to an "unpaid intern" because she is not an "employee"

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

Describing purpose of article as, inter alia, "to eliminate and prevent discrimination in employment"

Authorizing anti-discrimination suits "at the expiration of ninety days after the filing of a complaint with the [Massachusetts Commission Against Discrimination (MCAD) ], or sooner if a commissioner assents in writing"