Muhammad Toure v. California Department of Corrections and Rehabilitation
ERISA
(1) AGAINST FED.R.CIV.P 12(b)(6) AND 12(e)(6), WHAT IS THE SCOPE OF A COURT'S DISCRETION IN UPHOLDING A PLEADING THAT STATES A CLAIM FOR RELIEF IN LIGHT OF BELL ATLANTIC CORP. V. TWOMBLY (2007) AND ERICKSON V. PAROUS (2007)?
(2) Does FED.R.CIV.P. 12(e) PROVIDE A REMEDY FOR A DEFECT IN A PLEADING?
(3) CAN A COURT DISMISS DEFENDANTS WITHOUT ISSUING A NOTICE FOR SERVICE FILING A COMPLAINT OR GRIEVANCE?
(4) DOES AN EMPLOYEE'S ESTABLISHED GRIEVANCE PROCESS, CONSTITUTE PROTECTED ACTIVITY UNDER 42 U.S.C § 2000-3A WHEN THE COMPLAINANT OR GRIEVANT BELIEVES THEY ARE OPPOSING HARASSMENT AND DISCRIMINATION?
(5) IF A COURT'S ABUSE OF DISCRETION CAN BE SHOWN, IS SUMMARY JUDGMENT VALID?
Whether the scope of a court's discretion in declining to exercise jurisdiction over a claim for relief in the absence of a federal question is limited by the Supreme Court's decision in Merrell Dow Pharmaceuticals Inc. v. Thompson, 478 U.S. 804 (1986)