11 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 260,142 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 273,590 times 368 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Univ. of Tex. Sw. Med. Ctr. v. Nassar
570 U.S. 338 (2013) Cited 5,332 times 78 Legal Analyses
Holding that application of the " ‘because’ of" requirement of Title VII's antiretaliation provision requires proof of "but-for" causation
Robbins v. Oklahoma
519 F.3d 1242 (10th Cir. 2008) Cited 5,896 times 1 Legal Analyses
Holding that collective allegations do not satisfy a plaintiff's "burden . . . to provide fair notice of the grounds for the claims made against each of the defendants"
Argo v. Blue Cross and Blue Shield of Kansas
452 F.3d 1193 (10th Cir. 2006) Cited 1,175 times 1 Legal Analyses
Holding a plaintiff alleging reverse discrimination must present evidence that supports an inference the defendant "is one of those unusual employers who discriminates against the majority."
Duncan v. Manager, Dept. of Safety
397 F.3d 1300 (10th Cir. 2005) Cited 655 times 1 Legal Analyses
Holding that pre- and post-limitations period events did not involve the same hostile work environment where several years had passed between the events and the type of harassment, occurring under different supervisors, had changed from physical and psychological threats to off-color comments
Morris v. City of Colorado Springs
666 F.3d 654 (10th Cir. 2012) Cited 356 times 2 Legal Analyses
Holding evidence of isolated physical contact, throwing human tissue, and yelling and making demeaning comments about plaintiff's work was insufficient
Petersen v. Utah Dept. of Corrections
301 F.3d 1182 (10th Cir. 2002) Cited 283 times
Holding the employee's complaints must give adequate notice to the employer that the employee is complaining of conduct prohibited by Title VII
Faragalla v. Douglas Cty. Sch. Dist
411 F. App'x 140 (10th Cir. 2011) Cited 66 times 1 Legal Analyses
Holding that Goodman did not support former union member's § 1981 claim for racial discrimination against her union where she had failed to prove that the union had a “policy or practice of declining to assert discrimination claims”
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 354,229 times 943 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 7 - Pleadings Allowed; Form of Motions and Other Papers
Fed. R. Civ. P. 7 Cited 7,742 times 2 Legal Analyses
Defining "pleadings" for purposes of the Federal Rules of Civil Procedure

Calkins v. Davis School District et al

11 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding that application of the " ‘because’ of" requirement of Title VII's antiretaliation provision requires proof of "but-for" causation

Holding that collective allegations do not satisfy a plaintiff's "burden . . . to provide fair notice of the grounds for the claims made against each of the defendants"

Holding a plaintiff alleging reverse discrimination must present evidence that supports an inference the defendant "is one of those unusual employers who discriminates against the majority."

Holding that pre- and post-limitations period events did not involve the same hostile work environment where several years had passed between the events and the type of harassment, occurring under different supervisors, had changed from physical and psychological threats to off-color comments

Holding evidence of isolated physical contact, throwing human tissue, and yelling and making demeaning comments about plaintiff's work was insufficient

Holding the employee's complaints must give adequate notice to the employer that the employee is complaining of conduct prohibited by Title VII

Holding that Goodman did not support former union member's § 1981 claim for racial discrimination against her union where she had failed to prove that the union had a “policy or practice of declining to assert discrimination claims”

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Defining "pleadings" for purposes of the Federal Rules of Civil Procedure