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Taliaferro v. Lone Star Implementation and Electronic Corporation, No. 16-51152 (June 9, 2017)

Articles Discussing Case:

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

Ogletree Deakins • September 08, 2017
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 retaliation claim on her earlier filing of an internal complaint of harassment based on a single allegedly offensive text message. The plaintiff’s internal complaint did not constitute protected activity sufficient to give rise to a retaliation claim because she could not have reasonably believed that receipt of a singular text message violated any law. Taliaferro v. Lone Star Implementation and Electronic Corporation, No. 16-51152 (June 9, 2017).