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Aaron Private Clinic Management Llc v. Berry et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint

58 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,123 times   280 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,057 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"

  3. Kentucky v. Graham

    473 U.S. 159 (1985)   Cited 19,344 times   1 Legal Analyses
    Holding that "an official-capacity suit is, in all respects other than name, to be treated as a suit against the entity," and that "a plaintiff seeking to recover on a damages judgment in an official-capacity suit must look to the government entity itself"

  4. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,041 times   505 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  5. Lujan v. National Wildlife Federation

    497 U.S. 871 (1990)   Cited 9,576 times   2 Legal Analyses
    Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete

  6. Pennhurst State School Hosp. v. Halderman

    465 U.S. 89 (1984)   Cited 13,546 times   8 Legal Analyses
    Holding that sovereign immunity prohibits federal courts from "instruct[ing] state officials on how to conform their conduct to state law"

  7. Lexmark Int'l, Inc. v. Static Control Components, Inc.

    572 U.S. 118 (2014)   Cited 2,864 times   70 Legal Analyses
    Holding that a plaintiff seeking to bring suit under a federal statute must show not only that he has standing under Article III, but also that his "complaint fall within the zone of interests protected by the law" invoked

  8. Medimmune, Inc. v. GenenTech, Inc.

    549 U.S. 118 (2007)   Cited 2,560 times   90 Legal Analyses
    Holding "the phrase 'case of actual controversy' in the Act refers to the types of 'Cases' and 'Controversies' that are justiciable under Article III"

  9. Wilton v. Seven Falls Co.

    515 U.S. 277 (1995)   Cited 4,311 times   7 Legal Analyses
    Holding that in declaratory judgment actions, district courts have “greater” discretion to abstain than under Colorado River's “exceptional circumstances” test

  10. Quern v. Jordan

    440 U.S. 332 (1979)   Cited 6,622 times
    Holding that § 1983 does not abrogate state sovereign immunity in federal court

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 348,416 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,638 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  13. Section 12101 - Findings and purpose

    42 U.S.C. § 12101   Cited 23,480 times   65 Legal Analyses
    Finding a pattern of " unnecessary discrimination and prejudice" that "costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity"

  14. Section 794 - Nondiscrimination under Federal grants and programs

    29 U.S.C. § 794   Cited 12,387 times   29 Legal Analyses
    Adopting ADA standards for Rehabilitation Act claims

  15. Section 12132 - Discrimination

    42 U.S.C. § 12132   Cited 8,266 times   11 Legal Analyses
    Prohibiting disability discrimination by public entities

  16. Section 12202 - State immunity

    42 U.S.C. § 12202   Cited 449 times   1 Legal Analyses
    Recognizing that states are not immune from claims under the ADA brought in state or federal court

  17. Section 793 - Employment under Federal contracts

    29 U.S.C. § 793   Cited 255 times   7 Legal Analyses
    Requiring certain federal contractors to "take affirmative action to employ and advance in employment qualified individuals with disabilities"

  18. Section 26-5-21 - [Reserved] State Commission on Narcotic Treatment Programs; abolishment

    Ga. Code § 26-5-21   Cited 2 times

    OCGA § 26-5-21 Amended by 2022 Ga. Laws 782,§ 26, eff. 5/2/2022. Amended by 2017 Ga. Laws 140,§ 2, eff. 5/4/2017. Added by 2016 Ga. Laws 343,§ 2, eff. 6/1/2016.

  19. Section 26-5-40 - Short title

    Ga. Code § 26-5-40   Cited 1 times

    This article shall be known and may be cited as the "Narcotic Treatment Programs Enforcement Act." OCGA § 26-5-40 Added by 2017 Ga. Laws 140,§ 1, eff. 5/4/2017.

  20. Section 26-5-42 - Minimum standards of quality and services

    Ga. Code § 26-5-42   Cited 1 times

    The department shall create and promulgate reasonable and necessary minimum standards of quality and services for narcotic treatment programs. At least the following areas shall be covered in the rules and regulations: (1) Adequate and safe buildings or housing facilities where programs are offered; (2) Adequate equipment for the delivery of programs; (3) Sufficient trained or experienced staff who are competent in the duties they are to perform; (4) The content and quality of services to be provided;

  21. Section 35.130 - General prohibitions against discrimination

    28 C.F.R. § 35.130   Cited 1,592 times   6 Legal Analyses
    Finding discrimination in violation of ADA when disabled persons have unequal opportunity to participate in state services or unequal ability to realize the benefit of those services