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· 11/14/2013

Barbara Hager v. Arkansas Dept. of Health

Citations

  • 735 F.3d 1009
  • 21 Wage & Hour Cas.2d (BNA) 889
  • 2013 WL 6038991
  • 2013 U.S. App. LEXIS 23030
  • 97 Empl. Prac. Dec. (CCH) 44,962

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that a discrimination complaint must contain enough factual allegations to “raise a right to relief above the speculative level”
  • explaining that a discrimination complaint must contain enough factual allegations to “raise a right to relief above the speculative level” (citation omitted)
  • disregarding plaintiff’s labeling of the FMLA claims and considering the content of each claim under the categorization from Pulczinski
  • dismissing § 1983 gender discrimination claim where plaintiff did not allege any gender-related comments or conduct
  • “Under Federal Rule of Civil Procedure 12(b)(6), the factual allegations in the complaint are accepted as true and viewed most favorably to the plaintiff.”
  • “Under Swierkiewicz, a plaintiff need not plead facts establishing a prima facie case of discrimination ... in order to defeat a motion to dismiss.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Loken, Colloton, Benton

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.