63 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,784 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,697 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' "
Hall v. Bellmon
935 F.2d 1106 (10th Cir. 1991) Cited 16,903 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 1,315 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 1,982 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 1,552 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 756 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 695 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 783 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 543 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 345,981 times 922 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 156,250 times 193 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 51,506 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 38,931 times 316 Legal Analyses
Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Section 2000e-5 - Enforcement provisions
42 U.S.C. § 2000e-5 Cited 26,884 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 23,323 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 17,457 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 8,026 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 687 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

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

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