Delo v. Newlon

"if a plaintiff alleges a prima facie case, the complaint may not be dismissed for failure to state a claim.” | “[I]f a plaintiff alleges a prima facie case, the complaint may not be dismissed for failure to state a claim.” | “ ‘the critical consideration is whether “an issue of ultimate fact” has been determined in favor of a defendant. The process by which that determination is made ... is not critical’ ”