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https://en.wikipedia.org/wiki/Ashcroft_v._Iqbal
Ashcroft v. Iqbal, 556 U.S. 662 (2009), was a United States Supreme Court case in which the Court held that top government officials were not liable for the actions of their subordinates without evidence that they ordered the allegedly discriminatory activity. At issue was whether current and former federal officials, including FBI Director Robert Mueller and former United States Attorney ...Citations: 556 U.S. 662 (more)129 S. Ct. 1937; 173 L. …
https://dfeh.ca.gov/wp-content/uploads/sites/32/2017/06/DFEH-Workplace-Harassment-Guide.pdf
by counseling the individual. However, if there are allegations of conduct that, if true, would violate your rules or expectations, you will need to investigate the matter to make a factual determination about what happened. Once your investigation is complete, you should act based on your factual findings.
https://www.eeoc.gov/federal/directives/md-110_chapter_6.cfm
Section 1614.108(b) of Title 29 C.F.R. requires that "the agency shall develop an impartial and appropriate factual record upon which to make findings on the claims raised by the written complaint." An appropriate factual record is one that allows a reasonable fact finder to draw conclusions as to whether discrimination occurred.
https://quizlet.com/218948037/business-law-chapter-2-flash-cards/
The award was the result of corruption, fraud, and other undue means the arbitrator displayed bias or corruption the arbitrator refused to postpone the hearing dispite suffcient cause, refused to hear relevant evidence, or otherwise misbehaved to prejudice the rights of one of the parties.
https://quizlet.com/8157832/civil-litigation-chapters-1-16-flash-cards/
A statement under penalty of perjury, sworn to before a notary, describing the factual basis for making or opposing a motion is called a/an _____. ... The role of the appellate court includes _____. ... A type of answer that challenges all of the allegations in a complaint is _____. DISCOVERY.
https://legal-dictionary.thefreedictionary.com/demurrer
A demurrer is a type of answer used in systems of Code Pleading, established by statute to replace the earlier common-law Forms of Action. While a demurrer admits the truth of the plaintiff's set of facts, it contends that those facts are insufficient to grant the complaint in favor of the plaintiff.
https://en.wikipedia.org/wiki/Harvey_Weinstein_sexual_abuse_allegations
Weinstein denied these allegations. On April 30, 2018, Ashley Judd sued Weinstein for allegedly making false statements about her after she rejected his sexual requests, which damaged her career and cost her a role in a Lord of the Rings movie.
https://herculesandtheumpire.com/2013/07/08/another-analytical-skills-test-what-does-conclusory-mean-in-the-context-of-iqbal/
Jul 08, 2013 · In Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009), the Court admonishes that “[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice” to satisfy the pleading standards in Rule 8 of the Federal Rules of Civil Procedure and to survive a motion to dismiss under Rule 12(b)(6) for failure to…
https://caselaw.findlaw.com/us-supreme-court/534/506.html
Jan 15, 2002 · SWIERKIEWICZ v. SOREMA N. A.(2002) No. 00-1853 ... It may be difficult to define the precise formulation of the required prima facie case in a particular case before discovery has unearthed relevant facts and evidence. ... Others, however, maintain that a complaint must contain factual allegations that support each element of a prima facie case ...
https://www.law.cornell.edu/supct/pdf/00-1853P.ZO
preliminary print of the United States Reports. Readers are requested to ... maintain that a complaint must contain factual allegations that support each element of a prima facie case. In addition to the case below, see Jackson v. ... it may be difficult to define the precise formulation of the required prima facie case in a particu-
https://www.law.com/newyorklawjournal/almID/1578076222NYCR218219/
People v. Jones, 9 NY3d 259, 261 (2007). The failure to assert sufficient non-hearsay factual allegations in the complaint is a jurisdictional defect. People v. Alejandro, 70 NY2d 133, 134-135 (1987).
https://www.inc.com/guides/2010/04/handle-employee-complaints.html
That's why smart business owners set up a formal mechanism for employees to report problems, whether the complaint happens to be with one of their managers or co-workers, or regarding a broader ...Author: Josh Spiro
https://cases.justia.com/federal/district-courts/delaware/dedce/1:2018cv01074/65845/35/0.pdf?ts=1576578031
To state a claim on which relief can be granted, a complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not required, but the complaint must include more than mere "labels and conclusions" or "a formulaic
https://www.eeoc.gov/federal/directives/md-110_chapter_2.cfm
The EEO Counselor's role is to provide an environment for open dialogue leading to an informal resolution prior to the filing of a complaint. The role is compromised if the EEO Counselor also serves as an investigator of the complaint, as the role of the investigator is that of a neutral fact finder who collects and discovers factual ...
https://www.manatt.com/Manatt/media/Documents/Articles/Hurley-v-Messer-10418.pdf
by factual allegations.” Id. With respect to a motion to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1), it can follow two tracks. Under the first track, a party asserts a “factual attack,” claiming that the jurisdictional allegations made in the complaint are inaccurate. See Kerns v. United States,
https://www.docketbird.com/court-documents/Terpin-v-AT-T-Inc-et-al/ORDER-GRANTING-IN-PART-AND-DENYING-IN-PART-DEFENDANTS-MOTION-TO-DISMISS-14-AND-DENYING-DEFENDANTS-MOTION-TO-STRIKE-15-by-Judge-Otis-D-Wright-II-The-Court-GRANTS-IN-PART-and-DENIES-IN-PART-AT-Ts-Motion-to-Dismiss-and-DENIES-AT-Ts-Motion-to-Strike-Mr-T/cacd-2:2018-cv-06975-00029
The "[f]actual allegations must be enough to raise a right 18 to relief above the speculative level." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 19 (2007). The "complaint must contain sufficient factual matter, accepted as true, to 20 state a claim to relief that is plausible on its face." Ashcroft v.
https://www.justice.gov/atr/case-document/memorandum-points-and-authorities-support-plaintiff-united-statesopposition
The United States has alleged that Hazera is one of a very small number of seed companies whose expertise and track record leave it poised to develop extended shelf life seeds for U.S. soil and climatic conditions, and the Schwarz Declaration shows that it had a solid factual basis for these allegations. Complaint ¶ 35; Schwarz Dec. ¶ 27.
https://legal-dictionary.thefreedictionary.com/Civil+Complaint
The complaint outlines all of the plaintiff's theories of relief, or causes of action (e.g., Negligence, Battery, assault), and the facts supporting each Cause of Action. The complaint also serves as notice to the defendant that legal action is underway. The Federal Rules of Civil Procedure govern construction of complaints filed in federal courts.
http://www.law.state.ak.us/pdf/press/122805-summary-of-decision.pdf
attorney general.11 Independent Counsel reviews the complaint to determine whether it contains factual allegations which, if true, would constitute a violation of the Act.12 If so, Independent Counsel is charged with investigating the complaint to determine whether there is probable cause to believe that a violation of the chapter has occurred.13
https://cases.justia.com/federal/district-courts/maryland/mddce/1:2016cv02937/360781/13/0.pdf?ts=1489062369
dismiss a court must accept as true all factual allegations in the complaint, this principle does not apply to legal conclusions couched as factual allegations. Twombly, 550 U.S. at 555. II. Allegations of the Complaint1 CRC is a company that provides court reporting services. (Compl. ¶ 2.) Plaintiff alleges
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