§Why CasetextPricing

KAHN v. Cleveland Clinic Florida Hospital

MOTION to Dismiss with Prejudice 47 Amended Complaint

11 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,840 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  2. Arbaugh v. Y H Corp.

    546 U.S. 500 (2006)   Cited 7,817 times   27 Legal Analyses
    Holding that Title VII's numerosity requirement is nonjurisdictional even though it serves the important policy goal of “spar[ing] very small businesses from Title VII liability”

  3. Buckhannon Board Care Home v. West Va. D.H.H.R

    532 U.S. 598 (2001)   Cited 3,799 times   17 Legal Analyses
    Holding that the ordinary meaning of "prevailing party" in 42 U.S.C. § 3613(c) and 42 U.S.C. § 12205 allows attorneys’ fees only when there is a "material alteration of the legal relationship of the parties."

  4. Sheely v. MRI Radiology Network, P.A.

    505 F.3d 1173 (11th Cir. 2007)   Cited 252 times   2 Legal Analyses
    Holding that a case was not moot despite voluntary cessation in part because the government had not admitted that its conduct was wrong

  5. Kallen v. J.R. Eight, Inc.

    775 F. Supp. 2d 1374 (S.D. Fla. 2011)   Cited 16 times
    Dismissing nine claims as moot, where parties agreed the violations had been remedied, and then considering evidence of compliance regarding the other eight claims

  6. Houston v. 7-Eleven, Inc.

    Case No. 13-60004-Civ-SCOLA (S.D. Fla. Jan. 31, 2014)   Cited 13 times
    Finding that defendant's actions were "motivated by a genuine desire to conscientiously comply with the ADA's architectural requirements" in part because "[the defendant] acted without delay to bring the [store] into full compliance with the ADA"

  7. Kennedy v. Omegagas & Oil, LLC

    No. 18-10302 (11th Cir. Aug. 31, 2018)   Cited 7 times
    Holding that a defendant's remediation of an ADA violation renders the plaintiff's "complaint as to th[e] noncomplaint features moot"

  8. Kennedy v. Omega Gas & Oil LLC

    CASE NO. 9:17-cv-80103-ROSENBERG/HOPKINS (S.D. Fla. Jan. 3, 2018)

    CASE NO. 9:17-cv-80103-ROSENBERG/HOPKINS 01-03-2018 PATRICIA KENNEDY, Plaintiff, v. OMEGAGAS & OIL LLC, a Florida limited liability company, Defendant. Robin L. Rosenberg United States District Judge MEMORANDUM OPINION THIS CAUSE is before the Court following the non-jury trial held on October 20, 2017. This case arises from Plaintiff Patricia Kennedy's January 14, 2017 visit to Defendant Omegagas & Oil LLC's gas station at 1974 South Congress Avenue, West Palm Beach, FL. During her visit, Ms. Kennedy

  9. Norkunas v. Seahorse NB, LLC

    Case No. 3:09-cv-934-J-32MCR (M.D. Fla. May. 23, 2011)   Cited 5 times
    Denying injunctive relief and attorneys' fees when the defendant voluntarily fixed all identified ADA violations prior to trial

  10. Petinsky v. Gator 13800 NW 7th Ave. LLC

    CASE NO. 13-21955-CV-KING (S.D. Fla. Apr. 10, 2014)   Cited 1 times

    CASE NO. 13-21955-CV-KING 04-10-2014 MIKE PETINSKY, Plaintiff, v. GATOR 13800 NW 7th AVE. LLC, Defendant. JAMES LAWRENCE KING ORDER OF DISMISSAL THIS CAUSE comes before the Court upon the Plaintiff's Motion for Summary Judgment (DE 14) and Defendant's Cross-Motion for Summary Judgment (DE 20), filed December 11, 2013 and January 22, 2014, respectively. This is an action for injunctive relief under the Americans With Disabilities Act, 42 U.S.C. § 12181, et seq. ("ADA"). Plaintiff's motion argues that

  11. Section 35.151 - New construction and alterations

    28 C.F.R. § 35.151   Cited 212 times   1 Legal Analyses
    Providing that "[e]ach facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992"