63 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,202 times 280 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,948 times 367 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' "
Hall v. Bellmon
935 F.2d 1106 (10th Cir. 1991) Cited 17,007 times
Holding for pro se litigants that "conclusory allegations without supporting factual averments are insufficient to state a claim on which relief can be based"
Alvarado v. KOB-TV, L.L.C.
493 F.3d 1210 (10th Cir. 2007) Cited 1,328 times
Holding that converting Rule 12(b) motion to motion for summary judgment should only be done after the parties have had a reasonable opportunity to present material made pertinent to such a motion
Holt v. U.S.
46 F.3d 1000 (10th Cir. 1995) Cited 1,991 times
Holding that, "[i]n reviewing a facial attack on the complaint [under Rule 12(b)(1)], a district court must accept the allegations in the complaint as true"
Spivey v. Robertson
197 F.3d 772 (5th Cir. 1999) Cited 1,561 times 1 Legal Analyses
Holding prosecutors were absolutely immune from liability under §1983 for advising police regarding probable cause to obtain arrest warrant where prosecutors merely evaluated evidence brought to them and did not attest to the truth of that information
MacKenzie v. City and County of Denver
414 F.3d 1266 (10th Cir. 2005) Cited 759 times 1 Legal Analyses
Holding that "silent treatment" is "mere passive treatment does not constitute an adverse employment action"
Deravin v. Kerik
335 F.3d 195 (2d Cir. 2003) Cited 696 times 1 Legal Analyses
Holding that the reasonably related doctrine operates as "an exception to the exhaustion requirement"
Aramburu v. the Boeing Company
112 F.3d 1398 (10th Cir. 1997) Cited 786 times 5 Legal Analyses
Holding that "[t]he adverse inference must be predicated on the bad faith of the party destroying the records"
Jones v. U.P.S
502 F.3d 1176 (10th Cir. 2007) Cited 544 times 1 Legal Analyses
Holding adverse employment actions occurring after plaintiff filed his administrative charge did not fall within the scope of the charge
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 348,503 times 930 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 157,606 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 2000e - Definitions
42 U.S.C. § 2000e Cited 51,673 times 129 Legal Analyses
Granting EEOC authority to issue procedural regulations to carry out Title VII provisions
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,110 times 321 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 2000e-5 - Enforcement provisions
42 U.S.C. § 2000e-5 Cited 26,974 times 124 Legal Analyses
Holding charges must be made in writing, under oath, and contain all information as the Commission requires
Section 12101 - Findings and purpose
42 U.S.C. § 12101 Cited 23,484 times 65 Legal Analyses
Finding a pattern of " unnecessary discrimination and prejudice" that "costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity"
Section 621 - Congressional statement of findings and purpose
29 U.S.C. § 621 Cited 17,499 times 21 Legal Analyses
Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"
Section 12111 - Definitions
42 U.S.C. § 12111 Cited 8,050 times 60 Legal Analyses
Adopting the definition of "person" in 42 U.S.C. § 2000e for purposes of Title I of the ADA
Rule 2 - One Form of Action
Fed. R. Civ. P. 2 Cited 693 times 1 Legal Analyses
Providing for "one form of action to be known as 'civil action,'" in lieu of discretely labeled actions at law and suits in equity

Hughey v. Trinity Containers Llc et al

63 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding for pro se litigants that "conclusory allegations without supporting factual averments are insufficient to state a claim on which relief can be based"

Holding that converting Rule 12(b) motion to motion for summary judgment should only be done after the parties have had a reasonable opportunity to present material made pertinent to such a motion

Holding that, "[i]n reviewing a facial attack on the complaint [under Rule 12(b)(1)], a district court must accept the allegations in the complaint as true"

Holding prosecutors were absolutely immune from liability under §1983 for advising police regarding probable cause to obtain arrest warrant where prosecutors merely evaluated evidence brought to them and did not attest to the truth of that information

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

Holding that the reasonably related doctrine operates as "an exception to the exhaustion requirement"

Holding that "[t]he adverse inference must be predicated on the bad faith of the party destroying the records"

Holding adverse employment actions occurring after plaintiff filed his administrative charge did not fall within the scope of the charge

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. . . ."

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

Requiring that fraud be pleaded with particularity

Holding charges must be made in writing, under oath, and contain all information as the Commission requires

Finding a pattern of " unnecessary discrimination and prejudice" that "costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity"

Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"

Adopting the definition of "person" in 42 U.S.C. § 2000e for purposes of Title I of the ADA

Providing for "one form of action to be known as 'civil action,'" in lieu of discretely labeled actions at law and suits in equity