Fowler v. UPMC SHADYSIDE
- Decided
- August 18, 2009
- Docket
- 07-4285
- Status
- Published
- Jurisdiction
- Federal
Cited 5,935 timesNo negative treatment found in this library
What later courts said
- holding that a court presented with a motion to dismiss "may disregard any legal conclusions” set out in the complaint — Bruni v. City of Pittsburgh (2016)
- holding that the district court did not abuse its discretion “in denying a motion for a class action determination which was untimely under the local rule” — Kia Davidson v. O'Reilly Auto Enterprises, LLC (2020)
- holding that a court reviewing a complaint on a Rule 12(b)(6) motion need not accept a “legal conclusion couched as a factual allegation.” — McKinney v. Union City Medical Supply Inc. (2019)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
OPINION OF THE COURT NYGAARD, Circuit Judge.
In this appeal we are asked to determine whether the Appellant, Barbara Fowler, was too late in filing her discrimination claims against her employer, UPMC Shadyside Hospital. Fowler charged UPMC Shadyside with violating her rights under the Rehabilitation Act. The District Court dismissed Fowler’s complaint before any responsive pleading was filed or discovery took place, finding it time-barred. Alternatively, the District Court determined that Fowler’s complaint did not allege a disability under the Rehabilitation Act and that claims under the Act are inappropriate for class action litigation. We will vacate the dismissal and remand the cause.
I.
Statutes cited
- 28 U.S.C. § 1331
- 28 U.S.C. § 1291
- 29 U.S.C. § 794
- 28 U.S.C. § 1658
- 42 U.S.C. § 1981
- 42 U.S.C. § 12101
- 42 U.S.C. § 12111
- 42 U.S.C. § 12201-1220
- 29 U.S.C. § 705
- 29 U.S.C. § 794a
And 1 more section cited in the full opinion.
Cite this
Fowler v. UPMC SHADYSIDE, 578 F.3d 203 (2009)Read the full opinion
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