490 F. Supp. 2d 331 - McGuire v. Warren’s Empirical Analysis

Citation profile

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “allegations must be 'sufficient to support the inference that the speech played a substantial part in the adverse action.' " Davis v. Goord , 320 F.3d 346 , 354 (2d Cir. 2003) (internal citation omitted); see also McGuire v. Warren , 490 F.Supp.2d 331 , 341 (S.D.N.Y. 2007) ; Shekhem' El-Bey v. City of New York , 419 F.Supp.2d 546 , 552 (S.D.N.Y. 2006). On a motion to dismiss, a reasonable inference of a causal connection is all that is required. See Posr v. Court Officer Shield # 207 , 180 F.3d 409 , 418 (2d Cir. 1999) ("[T]he plaintiff's pleading need not clearly establish that the defendant harbored retaliatory intent. It is sufficient to allege facts which could reasonably support an inference to that effect.”

   1 later decision quote this exact passage
   e.g. Gonzalez v. City of N.Y.

2. “can be established either indirectly by means of circumstantial evidence, for example, by showing that the protected activity was followed by adverse treatment in employment, or directly by evidence of retaliatory animus.”

   1 later decision quote this exact passage
   e.g. Gonzalez v. City of N.Y.

3. “allegations must be 'sufficient to support the inference that the speech played a substantial part in the adverse action.'”

   1 later decision quote this exact passage
   e.g. Gonzalez v. City of N.Y.