Tuesday, June 17, 2008

E.D. Pa. Finds Claim Inadequately Pleaded under Twombly

In George v. American Baptist Churches USA, 2008 WL 226581, the Eastern District of Pennsylvania dismissed Plaintiff’s claim of discriminatory discipline. The only paragraph in the complaint which could possibly be read to state such a claim is paragraph 16, which states:

Defendant discriminated against [plaintiff] by denying her the same rights as are enjoyed by White employees with respect to the terms and conditions of her employment relationship with defendant and to the enjoyment of all benefits, privileges, terms, and conditions of that relationship, in violation of the Civil Rights Act of 1866, 42 U.S.C. § 1981, as amended.

After citing Twombly, the court found that this paragraph was inadequate to state a claim because it simply stated the legal standard and provided no factual detail to support the claim.  --Counseller/nc

http://lawprofessors.typepad.com/civpro/2008/06/ed-pa-finds-cla.html

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