Emerson v. Dart

Plaintiff filed a lawsuit against her former employer alleging that she was fired in retaliation for filing a workers’ compensation claim. The district court dismissed both plaintiff’s original complaint and her amended complaint and plaintiff appealed. The Seventh Circuit affirmed, finding that plaintiff failed to state a claim for relief because her claims did not cross the line from “conceivable to plausible,” and noted that an employer may fire employees who have a workers’ compensation claim pending so long as the firing was not in retaliation for having filed the claim. (JACKSON-AKIWUMI and KOLAR, concurring)