99 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' "
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 237,184 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 217,149 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
Matsushita Elec. Indus. Co. v. Zenith Radio
475 U.S. 574 (1986) Cited 113,539 times 38 Legal Analyses
Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
Reeves v. Sanderson Plumbing Prods., Inc.
530 U.S. 133 (2000) Cited 21,187 times 22 Legal Analyses
Holding that, since the 58-year-old plaintiff was fired by his 60-year-old employer, there was an inference that "age discrimination was not the motive"
Ashcroft v. Al-Kidd
563 U.S. 731 (2011) Cited 9,065 times 9 Legal Analyses
Holding that, to be clearly established, "existing precedent must have placed the statutory or constitutional question beyond debate"
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
Conley v. Gibson
355 U.S. 41 (1957) Cited 58,669 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Phillips v. County of Allegheny
515 F.3d 224 (3d Cir. 2008) Cited 16,952 times 2 Legal Analyses
Holding that a district court need not permit a curative amendment if such amendment would be futile
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
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 330,128 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 69,863 times 123 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Section 2000e-5 - Enforcement provisions
42 U.S.C. § 2000e-5 Cited 26,978 times 124 Legal Analyses
Holding charges must be made in writing, under oath, and contain all information as the Commission requires
Rule 28 - Persons Before Whom Depositions May Be Taken
Fed. R. Civ. P. 28 Cited 18,426 times 7 Legal Analyses
Requiring appellant's argument to contain citations to authorities
Section 12132 - Discrimination
42 U.S.C. § 12132 Cited 8,273 times 11 Legal Analyses
Prohibiting disability discrimination by public entities
Section 12111 - Definitions
42 U.S.C. § 12111 Cited 8,054 times 60 Legal Analyses
Adopting the definition of "person" in 42 U.S.C. § 2000e for purposes of Title I of the ADA
Section 2601 - Findings and purposes
29 U.S.C. § 2601 Cited 7,668 times 39 Legal Analyses
Finding that there is inadequate job security for employees who have serious health conditions that prevent them from working for temporary periods
Section 12131 - Definitions
42 U.S.C. § 12131 Cited 5,161 times 1 Legal Analyses
Defining discrimination to include the failure to provide "reasonable accommodations"
Section 2615 - Prohibited acts
29 U.S.C. § 2615 Cited 5,114 times 23 Legal Analyses
Granting prescriptive rights
Section 825.220 - Protection for employees who request leave or otherwise assert FMLA rights
29 C.F.R. § 825.220 Cited 1,754 times 43 Legal Analyses
Adopting a "negative factor" standard

Wevodau v. Commonwealth of Pennsylvania, Office of Attorney General et al

99 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 that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

Holding that, since the 58-year-old plaintiff was fired by his 60-year-old employer, there was an inference that "age discrimination was not the motive"

Holding that, to be clearly established, "existing precedent must have placed the statutory or constitutional question beyond debate"

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 "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Holding that a district court need not permit a curative amendment if such amendment would be futile

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

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

Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

Holding charges must be made in writing, under oath, and contain all information as the Commission requires

Requiring appellant's argument to contain citations to authorities

Prohibiting disability discrimination by public entities

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

Finding that there is inadequate job security for employees who have serious health conditions that prevent them from working for temporary periods

Defining discrimination to include the failure to provide "reasonable accommodations"

Granting prescriptive rights

Adopting a "negative factor" standard