Ashcroft v. Iqbal

Holding court need not credit "mere conclusory statements" in complaint

Bell Atl. Corp. v. Twombly

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Zehr v. Haugen

Concluding that plaintiff stated claim for breach of contract by alleging that physician agreed to perform tubal ligation but failed to do so, and stating that, "where the parties have agreed upon the performance expected by the plaintiff and promised by the defendant in terms that commit the defendant to that performance without reference to, and irrespective of, any general standard of care, the defendant may be liable on the contract whether or not he or she was negligent"

Vejo v. Portland Pub. Sch.

Finding disclaimer that reserved college's right to change fees, admission and graduation requirements, and regulations affecting the student body did not absolve contractual duty to uphold nondiscrimination laws because a reasonable juror could conclude the college did not retain the right "to rescind its nondiscrimination promise and begin making discriminatory decisions based on a student's race, national origin, or religion"

Gibson v. Walden University, LLC

Finding no contract existed where student handbook included a disclaimer that "[n]either the provisions of this document, nor the acceptance of students through registration and enrollment in the university, constitutes a contract or an offer of a contract"

Lahmann v. Grand Aerie of Fraternal Order of Eagles

Holding there is a two part inquiry for determining if an entity is a public accommodation: first, whether the organization provides goods and services to the public; and second, whether the organization is "distinctly private"

Real Estate Loan Fund v. Hevner

Petitions for Review

Bird v. Lewis Clark College

In Bird, 104 F. Supp. 2d at 1274, the district court found that the plaintiff could bring claims under the Rehabilitation Act and the Americans with Disabilities Act ("ADA") against an American college for alleged discrimination that occurred while the plaintiff studied abroad.

Graham v. Kold Kist Beverage Ice, Inc.

Finding that a wholesale ice machine company was not a place of public accommodation because it did not offer its services to the public, but only to a small group of retail stores

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

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Rule 8 - General Rules of Pleading

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Section 659A.142 - Discrimination against individual with disability by employment agency, labor organization, place of public accommodation or state government prohibited; discrimination in provision of healthcare; mental disorder treatment not evidence of inability to manage property

Section 659A.400 - Place of public accommodation defined

Defining places of public accommodation for purposes of ORS 659A.403 to include places offering “amusements”