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Federal Rule 12(b)(6) Title VII Appeals

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Not-So-Elusive 12(b)(6) Dismissal: Fifth Circuit Shoots Down Retaliation Claim Based on Single Text Message

The Fifth Circuit Court of Appeals recently affirmed the dismissal of a Title VII retaliation claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim where the plaintiff premised her...more

Baker Donelson

Back on the Case: Fifth Circuit Reexamines Detective's Race Suit

Baker Donelson on

Title VII of the Civil Rights Act of 1964 requires that an individual show that he or she was subjected to an "adverse employment action" in order to proceed on a claim of discrimination. Courts have defined "adverse...more

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