13 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,626 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 266,542 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' "
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,174 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Franks v. Nimmo
796 F.2d 1230 (10th Cir. 1986) Cited 637 times 1 Legal Analyses
Holding that district courts reviewing a summary judgment motion "will disregard a contrary affidavit when they conclude that it constitutes an attempt to create a sham fact issue"
Cole v. Ruidoso Mun. Schools
43 F.3d 1373 (10th Cir. 1994) Cited 442 times
Holding that unrealized threats are not adverse employment actions
State Distributors, v. Glenmore Distilleries
738 F.2d 405 (10th Cir. 1984) Cited 255 times
Finding factors to consider include whether undue prejudice will result, whether the request was unduly and inexplicably delayed, whether the request was offered in bad faith, or whether the moving party failed to state a claim after having sufficient opportunity to do so
Federal Ins. Co. v. Gates Learjet Corp.
823 F.2d 383 (10th Cir. 1987) Cited 179 times
Holding that "[c]ourts have denied leave to amend in situations where the moving party cannot demonstrate excusable neglect. For example, courts have denied leave to amend where the moving party was aware of the facts on which the amendment was based for some time prior to the filing of the motion to amend"
Hullman v. Board of Trustees of Pratt Com
950 F.2d 665 (10th Cir. 1992) Cited 132 times
Affirming summary judgment in favor of defendant on free speech claim where pretrial order failed to identify complaint regarding college's financial mismanagement as protected speech supporting his First Amendment claim
Deghand v. Wal-Mart Stores, Inc.
926 F. Supp. 1002 (D. Kan. 1996) Cited 17 times
In Deghand v. Wal-Mart Stores, Inc., 926 F. Supp. 1002 (D.Kan. 1996), this court considered the issue of whether a plaintiff's high blood pressure constituted a disability under the ADA.
Hullman v. Bd. of Trustees of Pratt Com.
732 F. Supp. 91 (D. Kan. 1990) Cited 17 times
No. 86-4026-C. February 12, 1990. Wesley A. Weathers, Weathers Riley, Topeka, Kan., for plaintiff. Kelly J. Rundell, Hershberger, Patterson, Jones Roth, Wichita, Kan., for defendant. MEMORANDUM AND ORDER CROW, District Judge. The case comes before the court on the parties' respective motions to reconsider the court's order filed November 29, 1989, 725 F. Supp. 1536, and on the plaintiff's alternative motion for certification of controlling questions of law for interlocutory appeal pursuant to 28
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,681 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 90,505 times 91 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Section 1692g - Validation of debts
15 U.S.C. § 1692g Cited 3,439 times 67 Legal Analyses
Setting forth requirements for disputing a debt

Martin v. Kansas Counselors, Inc.

13 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 that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that district courts reviewing a summary judgment motion "will disregard a contrary affidavit when they conclude that it constitutes an attempt to create a sham fact issue"

Holding that unrealized threats are not adverse employment actions

Finding factors to consider include whether undue prejudice will result, whether the request was unduly and inexplicably delayed, whether the request was offered in bad faith, or whether the moving party failed to state a claim after having sufficient opportunity to do so

Affirming summary judgment in favor of defendant on free speech claim where pretrial order failed to identify complaint regarding college's financial mismanagement as protected speech supporting his First Amendment claim

In Deghand v. Wal-Mart Stores, Inc., 926 F. Supp. 1002 (D.Kan. 1996), this court considered the issue of whether a plaintiff's high blood pressure constituted a disability under the ADA.

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Setting forth requirements for disputing a debt