34 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
Burlington N. & Santa Fe Ry. Co. v. White
548 U.S. 53 (2006) Cited 11,469 times 104 Legal Analyses
Holding that a jury could find a reassignment from a position with "an indication of prestige" to one involving less desirable responsibilities "would have been materially adverse to a reasonable employee"
Nat'l R.R. Passenger Corp. v. Morgan
536 U.S. 101 (2002) Cited 10,460 times 31 Legal Analyses
Holding limitations period for hostile-work-environment claim runs from the last act composing the claim
Gallagher v. Shelton
587 F.3d 1063 (10th Cir. 2009) Cited 1,595 times
Holding allegations of "isolated" violations of religious diet requirements do not state a claim for denial of prisoner's First Amendment free-exercise rights
Argo v. Blue Cross and Blue Shield of Kansas
452 F.3d 1193 (10th Cir. 2006) Cited 1,175 times 1 Legal Analyses
Holding a plaintiff alleging reverse discrimination must present evidence that supports an inference the defendant "is one of those unusual employers who discriminates against the majority."
Johnson v. Weld Cty.
594 F.3d 1202 (10th Cir. 2010) Cited 689 times 1 Legal Analyses
Holding witnesses' out-of-court statements reported by the plaintiff were inadmissible on summary judgment
Garrett v. Hewlett Packard Co.
305 F.3d 1210 (10th Cir. 2002) Cited 867 times
Holding that subjectivity by the decisionmaker is relevant evidence of pre-text
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"
Duncan v. Manager, Dept. of Safety
397 F.3d 1300 (10th Cir. 2005) Cited 655 times 1 Legal Analyses
Holding that pre- and post-limitations period events did not involve the same hostile work environment where several years had passed between the events and the type of harassment, occurring under different supervisors, had changed from physical and psychological threats to off-color comments
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 7 - Pleadings Allowed; Form of Motions and Other Papers
Fed. R. Civ. P. 7 Cited 7,742 times 2 Legal Analyses
Defining "pleadings" for purposes of the Federal Rules of Civil Procedure

Mullahkhel v. State of Utah et al

34 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 a jury could find a reassignment from a position with "an indication of prestige" to one involving less desirable responsibilities "would have been materially adverse to a reasonable employee"

Holding limitations period for hostile-work-environment claim runs from the last act composing the claim

Holding allegations of "isolated" violations of religious diet requirements do not state a claim for denial of prisoner's First Amendment free-exercise rights

Holding a plaintiff alleging reverse discrimination must present evidence that supports an inference the defendant "is one of those unusual employers who discriminates against the majority."

Holding witnesses' out-of-court statements reported by the plaintiff were inadmissible on summary judgment

Holding that subjectivity by the decisionmaker is relevant evidence of pre-text

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

Holding that pre- and post-limitations period events did not involve the same hostile work environment where several years had passed between the events and the type of harassment, occurring under different supervisors, had changed from physical and psychological threats to off-color comments

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Defining "pleadings" for purposes of the Federal Rules of Civil Procedure