Droege v. McInerney

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that “the burden-shifting framework laid out in McDonnell Douglas is not applicable on a motion to dismiss” in an ADA case
• denying a motion to dismiss based on plaintiff’s allegations that his employer discharged him after finding out that he had been held civilly liable several years before for conduct attributable to mental illness
• “[T]he burden-shifting framework [for employment discrimination cases] is not applicable on a motion to dismiss.” (citing Swierkiewicz v. Sorema N.A., 534 U.S. 506, 511 (2002))
• “The Second Circuit has repeatedly admonished that questions of mental capacity should not be resolved on a motion to dismiss . . . .”
• “[T]he burden-shifting framework [for employment discrimination cases] is not applicable on a motion to dismiss.”
• “It is essential that at least one act that is ‘part of the same actionable hostile work environment practice ... falls within the statutory time period.’ ”

Source: CourtListener parenthetical corpus (CC0).