18 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 280,791 times 369 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
Neitzke v. Williams
490 U.S. 319 (1989) Cited 58,289 times
Holding that "an in forma pauperis pro se complaint may only be dismissed as frivolous ... when the petitioner cannot make any claim with a rational or arguable basis in law or in fact"
McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 53,418 times 97 Legal Analyses
Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision
Harris v. Forklift Sys., Inc.
510 U.S. 17 (1993) Cited 12,708 times 23 Legal Analyses
Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"
Tal v. Hogan
453 F.3d 1244 (10th Cir. 2006) Cited 1,444 times 1 Legal Analyses
Holding that "because the extensiveness of the threat is a question of fact" the court would "assume for the purposes of this opinion that the predicate acts alleged ... establish a pattern of racketeering activity"
Alvarado v. KOB-TV, L.L.C.
493 F.3d 1210 (10th Cir. 2007) Cited 1,380 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
Bolden v. PRC Inc.
43 F.3d 545 (10th Cir. 1995) Cited 482 times
Holding that two overtly racial remarks and one arguably racial comment, over an eight-year period, were not sufficiently pervasive to survive summary judgment on a hostile-work-environment claim
Petersen v. Utah Dept. of Corrections
301 F.3d 1182 (10th Cir. 2002) Cited 285 times
Holding the employee's complaints must give adequate notice to the employer that the employee is complaining of conduct prohibited by Title VII
Pitre v. Western Elec. Co., Inc.
843 F.2d 1262 (10th Cir. 1988) Cited 136 times
Showing that male employees were also demoted does not necessarily preclude Title VII violation
Raytheon Aircraft Co. v. U.S.
501 F. Supp. 2d 1323 (D. Kan. 2007) Cited 39 times
No. 05-2328-JWL. August 10, 2007. Beverlee J. Roper, Daryl G. Ward, Stephen J. Torline, Blackwell Sanders Peper Martin LLP, Kansas City, MO, for Plaintiff. Heather E. Gange, Jonathan P. Porier, Mary Whittle, Natalia Sorgente, Scott J. Jordan, U.S. Department of Justice, Washington, DC, for Defendant. MEMORANDUM AND ORDER LUNGSTRUM, District Judge. Plaintiff Raytheon Aircraft Company filed suit against the United States of America under the Comprehensive Environmental Response, Compensation and Liability
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 362,607 times 962 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 164,455 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 116,150 times 572 Legal Analyses
Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 101,144 times 141 Legal Analyses
Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

Townley v. American Book Co.,

18 Cited authorities

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 "an in forma pauperis pro se complaint may only be dismissed as frivolous ... when the petitioner cannot make any claim with a rational or arguable basis in law or in fact"

Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision

Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"

Holding that "because the extensiveness of the threat is a question of fact" the court would "assume for the purposes of this opinion that the predicate acts alleged ... establish a pattern of racketeering activity"

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 two overtly racial remarks and one arguably racial comment, over an eight-year period, were not sufficiently pervasive to survive summary judgment on a hostile-work-environment claim

Holding the employee's complaints must give adequate notice to the employer that the employee is complaining of conduct prohibited by Title VII

Showing that male employees were also demoted does not necessarily preclude Title VII violation

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. . . ."

Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."