Swierkiewicz v. Sorema N. A.
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Twombly distinguished and preserved Swierkiewicz's core ruling; Iqbal did not name it. Fowler v. UPMC Shadyside described Swierkiewicz's reliance on Conley as repudiated, but attributed that change to the Supreme Court rather than independently limiting Swierkiewicz. The remaining two apparent limits rested on a party's argument or deference to existing circuit precedent.
8,748 later cases cite Swierkiewicz v. Sorema N. A.; 1,002 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Swierkiewicz v. Sorema N. A.?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
No reviewed court has overruled or limited this case.
Every one of the 1,002 flagged citations was read, and each turned out to be something other than adverse treatment: a routine application, a party's argument the court rejected, or the case itself discussing older law. That reading is the finding this page exists to report.
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