Bret Landrith v. Farmers Insurance Company

• Court: Court of Appeals for the Eighth Circuit
• Decided: February 21, 2023
• Docket: 22-3022
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 22-3022 ___________________________

Bret Landrith

lllllllllllllllllllllPlaintiff - Appellant

v.

Farmers Insurance Company, Inc.; James Andrew Bingley; Morrow Willnauer Church LLC; Brown & James

lllllllllllllllllllllDefendants - Appellees ____________

Appeal from United States District Court for the Western District of Missouri - Kansas City ____________

Submitted: February 15, 2023 Filed: February 21, 2023 [Unpublished] ____________

Before SHEPHERD, ERICKSON, and STRAS, Circuit Judges. ____________

PER CURIAM.

Bret Landrith appeals the dismissal of a discrimination claim he brought against his car-insurance company and its lawyers. Having carefully reviewed the record and the parties’ arguments on appeal, we conclude that the complaint failed to state a claim. See Fed. R. Civ. P. 12(b)(6); Gregory v. Dillard’s, Inc., 565 F.3d 464, 472–73 (8th Cir. 2009) (en banc) (reviewing the failure to state a claim de novo and noting that allegations in a complaint must be “plausibl[e],” not “conclusory” (citation omitted)); Sayger v. Riceland Foods, Inc., 735 F.3d 1025, 1031 (8th Cir. 2013) (stating that a retaliation claim under 42 U.S.C. § 1981 requires “a causal connection” between the protected activity and an adverse action (citation omitted)). We accordingly affirm the judgment of the district court.1 See 8th Cir. R. 47B. ______________________________

1 The Honorable David Gregory Kays, United States District Judge for the Western District of Missouri. -2-