FRCP, Torts, Employment
12(b)6 ruling for plaintiff does not compel a finding at summary judgment under law of the case that there was sufficient nexus between the protected activity and the adverse action.
Insufficient nexus, nondiscriminatory motive.
http://www2.ca3.uscourts.gov/opinarch/152034p.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.