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Archut v. Ross University School of Veterinary Medicine et al

REPLY BRIEF to Opposition to Motion

34 Cited authorities

  1. Sossamon v. Texas

    563 U.S. 277 (2011)   Cited 1,712 times   2 Legal Analyses
    Holding RLUIPA's authorization of "appropriate relief" did not "clearly and unambiguously waive sovereign immunity to private suits for damages"

  2. Morrison v. National Australia Bank Ltd.

    561 U.S. 247 (2010)   Cited 1,512 times   178 Legal Analyses
    Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction

  3. Barnes v. Gorman

    536 U.S. 181 (2002)   Cited 877 times   11 Legal Analyses
    Holding that a direct recipient of federal funds may be held liable for intentional conduct that violates the clear terms of a Spending Clause statute

  4. Equal Employment Opportunity Commission v. Arabian American Oil Co.

    499 U.S. 244 (1991)   Cited 629 times   11 Legal Analyses
    Holding that the presumption against extraterritorial application of federal statutes prevented an employee fired from work being done in Saudi Arabia from sustaining an anti-discrimination action brought under Title VII

  5. Berckeley Inv. Group, Ltd. v. Colkitt

    455 F.3d 195 (3d Cir. 2006)   Cited 1,296 times
    Holding that an expert witness is prohibited from rendering a legal opinion because it would usurp the District Court's pivotal role in explaining the law to the jury

  6. Taylor v. Phoenixville School District

    184 F.3d 296 (3d Cir. 1999)   Cited 1,236 times
    Holding thinking is a major life activity

  7. Williams v. Philadelphia Housing Authority

    380 F.3d 751 (3d Cir. 2004)   Cited 959 times   3 Legal Analyses
    Holding that on its own, an intervening temporal period of two months cannot raise an inference of causation

  8. Chanel, Inc. v. Gordashevsky

    558 F. Supp. 2d 532 (D.N.J. 2008)   Cited 628 times
    Holding that investigative charges are recoverable under the Lanham Act as part of an award of attorneys' fees

  9. Wong v. Regents of University of California

    410 F.3d 1052 (9th Cir. 2004)   Cited 650 times
    Holding that the district court did not abuse its discretion by excluding expert witness testimony where plaintiff failed to timely identify the witness "without substantial justification"

  10. Gonzales v. National Bd. of Medical Examiners

    225 F.3d 620 (6th Cir. 2000)   Cited 696 times   1 Legal Analyses
    Holding that "[a]lthough no one factor is controlling, a finding that there is simply no likelihood of success on the merits is usually fatal."

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,831 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 12112 - Discrimination

    42 U.S.C. § 12112   Cited 13,956 times   159 Legal Analyses
    Recognizing failure to accommodate as form of discrimination

  13. Section 794 - Nondiscrimination under Federal grants and programs

    29 U.S.C. § 794   Cited 12,682 times   30 Legal Analyses
    Adopting ADA standards for Rehabilitation Act claims

  14. Section 12181 - Definitions

    42 U.S.C. § 12181   Cited 3,619 times   29 Legal Analyses
    Including "grocery store" and "pharmac[ies]" whose operations "affect commerce" within the definition of "public accommodation"

  15. Section 10:5-5 - Definitions relative to discrimination

    N.J. Stat. § 10:5-5   Cited 324 times   2 Legal Analyses
    Defining the term "place of public accommodation" to include, but not be limited to, the following: "any tavern, roadhouse, hotel, motel, trailer camp, summer camp, day camp, or resort camp, whether for entertainment of transient guests or accommodation of those seeking health, recreation, or rest; any producer, manufacturer, wholesaler, distributor, retail shop, store, establishment, or concession dealing with goods or services of any kind; any restaurant, eating house, or place where food is sold for consumption on the premises; any place maintained for the sale of ice cream, ice and fruit preparations or their derivatives, soda water or confections, or where any beverages of any kind are retailed for consumption on the premises; any garage, any public conveyance operated on land or water or in the air or any stations and terminals thereof; any bathhouse, boardwalk, or seashore accommodation; any auditorium, meeting place, or hall; any theatre, motion-picture house, music hall, roof garden, skating rink, swimming pool, amusement and recreation park, fair, bowling alley, gymnasium, shooting gallery, billiard and pool parlor, or other place of amusement; any comfort station; any dispensary, clinic, or hospital; any public library; and any kindergarten, primary and secondary school, trade or business school, high school, academy, college and university, or any educational institution under the supervision of the State Board of Education or the Commissioner of Education of the State of New Jersey."

  16. Section 10:5-3 - Findings, declarations

    N.J. Stat. § 10:5-3   Cited 251 times   2 Legal Analyses
    Setting forth findings regarding harm that comes from discrimination and noting that "[s]uch harms have, under the common law, given rise to legal remedies, including compensatory and punitive damages," and that the intent of the LAD is for "such damages [to] be available to all persons protected by this act"

  17. Section 1630.9 - Not making reasonable accommodation

    29 C.F.R. § 1630.9   Cited 473 times   6 Legal Analyses
    Providing that if an “individual rejects a reasonable accommodation . . . and cannot, as a result of that rejection, perform the essential functions of the position, the individual will not be considered qualified”