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· 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 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.