14 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 271,550 times 281 Legal Analyses
Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 284,316 times 370 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
Robbins v. Oklahoma
519 F.3d 1242 (10th Cir. 2008) Cited 6,190 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"
MacKenzie v. City and County of Denver
414 F.3d 1266 (10th Cir. 2005) Cited 769 times 1 Legal Analyses
Holding that "silent treatment" is "mere passive treatment does not constitute an adverse employment action"
Fisher v. Lynch
531 F. Supp. 2d 1253 (D. Kan. 2008) Cited 272 times
Holding that plaintiff made no argument why the Kansas state courts could not entertain his constitutional claims arising from a child custody proceeding
Light v. Wolf
816 F.2d 746 (D.C. Cir. 1987) Cited 192 times
Holding that “the party on whose behalf service is made has the burden of establishing its validity when challenged”
Pham v. James
630 F. App'x 735 (10th Cir. 2015) Cited 12 times 1 Legal Analyses
Discussing whether Shikles 's holding was still good law, but declining to decide the issue and noting instead that "even if exhaustion is not jurisdictional, this Title VII requirement is vital," so "even if the exhaustion requirement is deemed to be a condition precedent to suit, we conclude that by indisputably failing to exhaust, Mr. Pham has failed to satisfy this condition"
Eke v. Caridianbct, Inc.
490 F. App'x 156 (10th Cir. 2012) Cited 14 times
Finding that vaguely worded email from plaintiff's attorney to management personnel stating "[t]his is to inform you that [plaintiff] has retained [law firm] to investigate gender and age discrimination in her employment and treatment over recent months" constituted protected opposition to discrimination sufficient to support a retaliation claim
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 366,668 times 968 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 166,497 times 198 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 75,074 times 132 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Section 2000e - Definitions
42 U.S.C. § 2000e Cited 52,984 times 132 Legal Analyses
Granting EEOC authority to issue procedural regulations to carry out Title VII provisions
Section 2000e-2 - Unlawful employment practices
42 U.S.C. § 2000e-2 Cited 29,551 times 173 Legal Analyses
Finding it to be unlawful for an employer to “fail or refuse to hire or to discharge any individual, or otherwise to discrimination against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, or national origin”
Section 2000e-3 - Other unlawful employment practices
42 U.S.C. § 2000e-3 Cited 15,008 times 44 Legal Analyses
Prohibiting retaliation against employees who "oppos[e] any [unlawful] practice"

Edmonds-Radford v. Southwest Airlines

14 Cited authorities

Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

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 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 that "silent treatment" is "mere passive treatment does not constitute an adverse employment action"

Holding that plaintiff made no argument why the Kansas state courts could not entertain his constitutional claims arising from a child custody proceeding

Holding that “the party on whose behalf service is made has the burden of establishing its validity when challenged”

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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

Prohibiting retaliation against employees who "oppos[e] any [unlawful] practice"