14 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
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"
MacKenzie v. City and County of Denver
414 F.3d 1266 (10th Cir. 2005) Cited 762 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 258 times
Holding that plaintiff failed to prove that a Kansas state court provided an inadequate forum in which to present federal claims where he made no argument why a Kansas court could not entertain his claims
Light v. Wolf
816 F.2d 746 (D.C. Cir. 1987) Cited 188 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 13 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 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 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 160,289 times 196 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 71,368 times 127 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 52,072 times 130 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 28,781 times 171 Legal Analyses
Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”
Section 2000e-3 - Other unlawful employment practices
42 U.S.C. § 2000e-3 Cited 14,658 times 43 Legal Analyses
Prohibiting retaliation against employees who "oppos[e] any [unlawful] practice"

Edmonds-Radford v. Southwest Airlines

14 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 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 failed to prove that a Kansas state court provided an inadequate forum in which to present federal claims where he made no argument why a Kansas court could not entertain his claims

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

Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”

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