· 12/1/2010
Gentilello v. Rege
Citations
- 627 F.3d 540
- 31 I.E.R. Cas. (BNA) 937
- 2010 U.S. App. LEXIS 24573
- 2010 WL 4868151
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding court did not abuse its discretion when party “contended that his pleadings sufficed to state a . . . claim [and] adamantly asserted that he was not required to plead additional facts”
- applying Ashcroft 7 v. Iqbal, 556 U.S. 662 (2009), to a Rule 12(c) motion
- applying “the same standard as a motion to dismiss under Rule 12(b)(6)”
- “Under that [Rule 12(b)(6)] standard, we must evaluate the sufficiency of the proposed complaint and decide which, if any, of [the plaintiff’s] claims survive the pleadings.”
- “‘We do not accept as true conclusory allegations, unwarranted factual inferences, or legal conclusions.’”
- “[T]he due process clause does not protect [plaintiff’s] specific job duties or responsibilities absent a statute, rule, or express agreement reflecting an understanding that he had a unique property interest in those duties or responsibilities.”
Source: CourtListener parenthetical corpus (CC0).
Judges: King, Garwood, Davis
Read full opinion on CourtListenerSourced 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.