18 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 269,421 times 281 Legal Analyses
Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 282,303 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
Moss v. U.S. Secret Service
572 F.3d 962 (9th Cir. 2009) Cited 9,010 times
Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion
Snead v. Metropolitan Property Cas. Ins. Co.
237 F.3d 1080 (9th Cir. 2001) Cited 629 times 1 Legal Analyses
Holding Title VII analysis applies in ADA case
Barnett v. U.S. Air
228 F.3d 1105 (9th Cir. 2000) Cited 529 times 1 Legal Analyses
Holding that "an employer cannot prevail at the summary judgment stage if there is a genuine dispute as to whether the employer engaged in good faith in the interactive process"
Nunes v. Wal-Mart Stores
164 F.3d 1243 (9th Cir. 1999) Cited 327 times 3 Legal Analyses
Holding that unpaid medical leave may be a reasonable accommodation where requested by an employee
Brown v. Lucky Stores
246 F.3d 1182 (9th Cir. 2001) Cited 292 times 2 Legal Analyses
Holding that an employer generally has no duty to provide an accommodation unless one is requested
Associated Gen. Contr. v. Metro. Water Dist
159 F.3d 1178 (9th Cir. 1998) Cited 117 times
Holding that AGC established associational standing where AGC's standing argument was supported by affidavits from member companies showing harm
Shepard v. City of Portland
829 F. Supp. 2d 940 (D. Or. 2011) Cited 51 times
Holding the McDonnell Douglas burden-shifting framework, although a federal procedural device, applies to employment retaliation claims brought under state law where the court is exercising supplemental jurisdiction
Hubbs v. County of San Bernardino, CA
538 F. Supp. 2d 1254 (C.D. Cal. 2008) Cited 45 times
Holding that plaintiff's claims challenging the court's probable cause determination that plaintiff was a sexually violent predator were barred by Heck because a determination that no probable cause existed would necessarily imply the invalidity of plaintiff's civil commitment
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 364,364 times 963 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 165,340 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 12101 - Findings and purpose
42 U.S.C. § 12101 Cited 24,374 times 67 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"
Section 12112 - Discrimination
42 U.S.C. § 12112 Cited 14,048 times 159 Legal Analyses
Recognizing failure to accommodate as form of discrimination
Section 12111 - Definitions
42 U.S.C. § 12111 Cited 8,292 times 61 Legal Analyses
Adopting the definition of "person" in 42 U.S.C. § 2000e for purposes of Title I of the ADA
Section 1630.2 - Definitions
29 C.F.R. § 1630.2 Cited 8,570 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"
Section 1630.9 - Not making reasonable accommodation
29 C.F.R. § 1630.9 Cited 473 times 6 Legal Analyses
Providing that if an “individual rejects a reasonable accommodation . . . and cannot, as a result of that rejection, perform the essential functions of the position, the individual will not be considered qualified”

Wessels v. Moore Excavation, Inc.

18 Cited authorities

Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

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 the court lacked jurisdiction over the district court's deferral of the summary judgment motion

Holding Title VII analysis applies in ADA case

Holding that "an employer cannot prevail at the summary judgment stage if there is a genuine dispute as to whether the employer engaged in good faith in the interactive process"

Holding that unpaid medical leave may be a reasonable accommodation where requested by an employee

Holding that an employer generally has no duty to provide an accommodation unless one is requested

Holding that AGC established associational standing where AGC's standing argument was supported by affidavits from member companies showing harm

Holding the McDonnell Douglas burden-shifting framework, although a federal procedural device, applies to employment retaliation claims brought under state law where the court is exercising supplemental jurisdiction

Holding that plaintiff's claims challenging the court's probable cause determination that plaintiff was a sexually violent predator were barred by Heck because a determination that no probable cause existed would necessarily imply the invalidity of plaintiff's civil commitment

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

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

Finding a pattern of " unnecessary discrimination and prejudice" that "costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity"

Recognizing failure to accommodate as form of discrimination

Adopting the definition of "person" in 42 U.S.C. § 2000e for purposes of Title I of the ADA

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"

Providing that if an “individual rejects a reasonable accommodation . . . and cannot, as a result of that rejection, perform the essential functions of the position, the individual will not be considered qualified”