· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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