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· 2/14/2005

Jimmie E. Small v. Elaine E. Chao, Secretary of the Department of Labor

Citations

  • 398 F.3d 894
  • 2005 U.S. App. LEXIS 2383
  • 95 Fair Empl. Prac. Cas. (BNA) 308
  • 2005 WL 335870

How courts have described this case

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

  • upholding the dismissal of an individual’s claims against the Illinois Department of Commerce and Community Affairs (the Department’s predecessor) under Title VII and ADEA because they were filed outside the statute of limitations
  • Illinois’ two-year statute of limitations for personal injury claims applicable to any federal civil rights claims that plaintiff could assert, including claim under Title IX
  • courts may dismiss a claim under Fed. R. Civ. P. 12(b)(6) if the claim is “indisputably time barred”
  • courts may dismiss a claim under Fed. R. Civ. P. 12(b)(6) if the claim is \indisputably time barred\
  • “Although the statute of limitations is ordinarily an affirmative defense . . . a district court may dismiss . . . [a claim] that is indisputably time-barred.” (emphasis added)
  • “Although the statute of limitations is ordinarily an affirmative defense that must be pleaded under Fed. R. Civ. P. 8(c), a district court may dismiss under Rule 12(b)(6) something that is indisputably time-barred.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Easterbrook, Ripple, Wood

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.