· 9/1/2011
Kansas Penn Gaming, LLC v. Collins
Citations
- 656 F.3d 1210
- 2011 U.S. App. LEXIS 18187
- 2011 WL 3849751
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that district court should assume as true the plaintiffs specific factual allegations when ruling on a motion to dismiss
- noting that “[t]he nature and specificity of the allegations required to state a plausible claim will vary based on context”
- holding that to prevail on a class-of-one theory, a plaintiff must show it was treated differently from all others similarly situated and that this difficult standard prevents “turning even quotidian exercises of government discretion into constitutional causes”
- explaining that “in ruling on a motion to dismiss, a court should disregard all con-elusory statements of law and consider ... the remaining specific factual allegations”
- stating that this requirement prevents \a flood of claims in that area of government action where discretion is high and variation is common\
- recognizing a plaintiff bears a “substantial burden” to show she is similarly situated in all material respects to comparators who were treated differently (quotations omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Tymkovich, McKay, Gorsuch
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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