Joseph v. Leavitt, 127 S. Ct. 1855 (2007). · Go Syfert
Joseph v. Leavitt, 127 S. Ct. 1855 (2007). Cases Citing This Book View Copy Cite
“recedent suggests that forced, paid leave is not an adverse employment action for a discrimination claim”
37 citation events (37 in the last 25 years) across 11 distinct courts.
Strongest positive: Hoeffner v. County Of Orange (nysd, 2020-03-10)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (quoted) Hoeffner v. County Of Orange
S.D.N.Y. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
recedent suggests that forced, paid leave is not an adverse employment action for a discrimination claim
discussed Cited as authority (rule) Pacific Landscape Management Inc v. Pacific Landscape Management LLC
W.D. Wash. · 2025 · confidence medium
Rearden LLC, 683 F.3d at 1210 (quoting Au–Tomotive Gold, Inc. v. 3 Volkswagen of Am., Inc., 457 F.3d 1062, 1075 (9th Cir. 2006), cert. denied, 549 U.S. 1282 4 (2007)); JL Beverage Co., LLC v. Jim Beam Brands Co., 828 F.3d 1098, 1105 (9th Cir. 2016) 5 (stating that because the likelihood of confusion “is based on a non-exhaustive, multi-factor, 6 fact-intensive inquiry, [the Ninth Circuit has] cautioned against granting summary judgment in 7 these cases.”). 8 Viewing the evidence in the light most favorable to PLM-WA, there is an issue of fact as 9 to likelihood of confusion. 10 C.
cited Cited "see" Green v. McKoy
N.D.N.Y. · 2023 · signal: see · confidence high
See Joseph v. Leavitt, 465 F.3d 87, 89 (2d Cir. 2006), cert. denied, 549 U.S. 1282 (2007).
discussed Cited "see" Chidume v. GreenBurgh-North Castle Union Free School District
S.D.N.Y. · 2022 · signal: see · confidence high
See Joseph v. Leavitt, 465 F.3d 87, 91-92 (2d Cir. 2006) (holding a paid leave of absence pending the outcome of an investigation is not an adverse employment action), cert. denied, 549 U.S. 1282 (2007); Wagner v. Cty. of Nassau, No. 11-CV-01613, 2014 WL 3489747 , at *7 n.4 (E.D.N.Y.
discussed Cited "see" Howard v. MTA Metro-North Commuter Railroad (2×)
S.D.N.Y. · 2011 · signal: see · confidence high
See Joseph v. Leavitt, 465 F.3d 87, 90 (2d Cir.2006) (Title VII), cert. denied, 549 U.S. 1282 , 127 S.Ct. 1855 , 167 L.Ed.2d 325 (2007); Pacheco v. N.Y.
discussed Cited "see, e.g." State of Washington v. Simone Renee Nelson
Wash. Ct. App. · 2024 · signal: see also · confidence low
Ed. 2d 1 (1993) (emphasis in original); see also Yim, 194 Wn.2d at 688-89 (“[T]he substantive component of due process ‘protects against arbitrary and capricious government action even when the decision to take action is pursuant to constitutionally adequate procedures.’” (quoting Amunrud v. Bd. of Appeals, 158 Wn.2d 208, 218-19 , 143 P.3d 571 (2006), cert. denied, 549 U.S. 1282 (2007))).
cited Cited "see, e.g." Strauss v. The Kentucky Board of Medical Licensure
W.D.N.Y. · 2020 · signal: see also · confidence low
P. 12(h)(3); see also Joseph v. Leavitt, 465 F.3d 87, 89 (2d Cir. 2006), cert. denied, 549 U.S. 1282 (2007). 4 The first motion for leave to proceed in forma pauperis is therefore denied as moot.
cited Cited "see, e.g." State Of Washington, V Jereme David Norberg
Wash. Ct. App. · 2018 · signal: see also · confidence low
App. 45, 53 , 309 P.3d 1221 (2013)); see also Amunrud v. Bd. of Appeals, 158 Wn.2d 208, 222 , 143 P.3d 571 (2006) (same), cert. denied, 549 U.S. 1282 (2007).
discussed Cited "see, e.g." Federal Insurance Co. v. Speedboat Racing Ltd. (2×)
D. Conn. · 2016 · signal: see also · confidence low
See also Joseph v. Leavitt, 465 F.3d 87, 89 (2d Cir.2006) (“Although neither party has suggested -that we lack appellate jurisdiction, we have an independent obligation to consider the presence or absence of subject matter jurisdiction sua sponte."), cert. denied, 549 U.S. 1282 , 127 S.Ct. 1855 , 167 L.Ed.2d 325 (2007); Univ. of South Alabama v. American Tobacco Co., 168 F.3d 405, 410 (11th Cir.1999) (“a federal court is obligated to inquire into subject matter jurisdiction sua sponte whenever it may be lacking”).
Retrieving the full opinion text from the archive…
Gregson JOSEPH, petitioner,
v.
Michael O. LEAVITT, Secretary of Health and Human Services.
06-1119.
Supreme Court of the United States.
Mar 19, 2007.
127 S. Ct. 1855

Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.