§Why CasetextPricing

Equal Employment Opportunity Commission v. CollegeAmerica Denver, Inc.

MOTION to Dismiss Complaint

18 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,156 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,040 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Jacobsen v. Deseret Book Co.

    287 F.3d 936 (10th Cir. 2002)   Cited 1,281 times
    Holding a court may consider documents external to the complaint in a Rule 12(b) motion if they "are central to the plaintiff's claim and the parties do not dispute the documents' authenticity"

  4. Aetna Life Ins. Co. v. Haworth

    300 U.S. 227 (1937)   Cited 3,450 times   1 Legal Analyses
    Holding that a request for a declaratory judgment regarding an insured's disability was justiciable

  5. Timmerman v. U.S. Bank

    483 F.3d 1106 (10th Cir. 2007)   Cited 299 times   4 Legal Analyses
    Holding that the district court correctly granted summary judgment on plaintiff's retaliation claim because "the potential diversion and withdrawal of U.S. Bank's funds" provided a legitimate factual basis "for the employer to file counterclaims against that employee in an attempt to retrieve what was alleged . . . to have been taken"

  6. Columbian Financial Corp. v. Bancinsure, Inc.

    650 F.3d 1372 (10th Cir. 2011)   Cited 112 times
    Holding that it is not the role of the federal courts to resolve abstract issues of law, and to that end Article III prohibits courts from issuing advisory opinions

  7. Whitehead v. Oklahoma Gas Elec. Co.

    187 F.3d 1184 (10th Cir. 1999)   Cited 86 times
    Holding an argument waived on appeal for failure to raise the issue in objection to the magistrate's recommendation

  8. U.S. v. Wilson

    244 F.3d 1208 (10th Cir. 2001)   Cited 69 times   1 Legal Analyses
    Holding that forfeiture order is not ripe for review until government seeks to enforce it in alleged violation of the defendant's rights

  9. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. OUTBACK STEAK HOUSE OF FLORIDA, INC., and OS Restaurant Services, Inc., d/b/a/ Outback Steakhouse, Defendants. and Albert Hoffman, as Trustee for the Estate of Debtors Kelly and David Altizer, and Jennifer Turner-Rieger, Intervenors,

    245 F.R.D. 657 (D. Colo. 2007)   Cited 39 times
    Holding that pre-filing procedures related to charges of sexual discrimination filed by two Colorado employees could not support a section 706 action alleging nationwide gender-based discrimination in hiring, promotion, and training

  10. Genberg v. Porter

    935 F. Supp. 2d 1094 (D. Colo. 2013)   Cited 29 times   11 Legal Analyses
    Agreeing with other district courts' interpretation of subsection as an exception to the whistleblower definition in the Dodd-Frank Act and holding that the anti-retaliation provision does not require plaintiff to make a report to the SEC

  11. 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 346,341 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 626 - Recordkeeping, investigation, and enforcement

    29 U.S.C. § 626   Cited 6,054 times   44 Legal Analyses
    Adopting the statute of limitations under the Portal-to-Portal Pay Act, 29 U.S.C. § 255