Seyed Mohsen Sharifi Takieh v. Banner Health, et al.

Did the Ninth Circuit err in determining that the District Court properly incorporated the Ruling in the State Court Injunction Action on a 12(b)(6) Motion to Dismiss when the only purpose for doing so was to controvert Dr. Sharifi’s allegations and resolve disputed material facts in favor of defendants?

Comcast held that the §1981 Plaintiff must initially plead, and ultimately prove that Defendant’s intentional discrimination on account of race was a “but-for” cause of Plaintiffs injury. Considering the additional pleading requirements announced in Iqbal and Twombly in order to state a plausible claim for relief, are a plaintiffs well-pled allegations still taken as true, including all reasonable inferences, even when Defendant offers competing explanations?

Did the district court (and Ninth Circuit) err in dismissing - at the pleading stage - Dr. Sharifi’s examples of non-Arab physicians who were disparately treated when exhibiting the same or similar conduct of which Dr. Sharifi is accused?

The Arizona Medical Board (AMB) is an impartial Agency and the ultimate adjudicator of all Arizona physicians' ethical and professional conduct. It has the legal duty to regulate, and if necessary, penalize physicians for patient care issues, alteration of medical records and disruptive behavior; all considered very serious violations under the Medical