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Doe v. Law School Admission Council, Inc.

MOTION to Dismiss for Lack of Jurisdiction

26 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,691 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,746 times   369 Legal Analyses
    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

  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 29,194 times   144 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"

  4. Already, LLC v. Nike, Inc.

    568 U.S. 85 (2013)   Cited 1,509 times   19 Legal Analyses
    Holding that Nike's unilateral covenant not to sue mooted Already's trademark invalidity claim

  5. Kach v. Hose ex rel. St. Moritz Security Services, Inc.

    589 F.3d 626 (3d Cir. 2009)   Cited 1,741 times
    Holding that because the record "leaves no room for doubt that [defendant] was bent on a singularly personal frolic," his conduct was "not cognizable as state action for § 1983 purposes"

  6. Powell v. National Bd. of Medical Examiners

    364 F.3d 79 (2d Cir. 2004)   Cited 695 times
    Holding that the NCBE did not violate ADA or Rehabilitation Act when it followed its standard procedures for considering accommodations and there was no evidence that those standard procedures were unreasonable or discriminatory

  7. Bowers v. National Collegiate Athletic Ass'n

    346 F.3d 402 (3d Cir. 2003)   Cited 110 times   2 Legal Analyses
    Holding there is no right to contribution under section 504 of the Rehabilitation Act or Title II of the ADA

  8. Keitel v. Mazurkiewicz

    729 F.3d 278 (3d Cir. 2013)   Cited 71 times
    Dismissing as moot habeas petition of petitioner who had died after submission of the case for decision

  9. Cunningham v. Univ. of N.M. Bd. of Regents

    531 F. App'x 909 (10th Cir. 2013)   Cited 21 times
    Holding that a § 1983 claim that did not fall within the Ex parte Young exception "was properly dismissed by the district court for lack of subject-matter jurisdiction"

  10. Gordon v. East Goshen Township

    592 F. Supp. 2d 828 (E.D. Pa. 2009)   Cited 24 times
    Finding that plaintiffs' First Amendment claims based on lack of access to the state courts were made moot when their claims were reviewed in state court

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 505,787 times   708 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. 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 361,353 times   960 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  13. 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. . . ."

  14. Section 12102 - Definition of disability

    42 U.S.C. § 12102   Cited 11,160 times   40 Legal Analyses
    Recognizing ADA claim where plaintiff is "regarded as" disabled

  15. Section 12203 - Prohibition against retaliation and coercion

    42 U.S.C. § 12203   Cited 3,526 times   12 Legal Analyses
    Providing that "No person shall discriminate against any individual because . . . such individual made a charge . . . under [the ADA]" and making it unlawful for an employer to retaliate against an employee because the employee requested an accommodation

  16. Section 28 to 43 - Repealed

    42 U.S.C. §§ 28 to 43   Cited 2,597 times

    42 U.S.C. §§ 28 to 43 July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714 Section 28, acts July 1, 1902, ch. 1370, §3, 32 Stat. 712; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309; July 9, 1918, ch. 143, ch. XV, §3, 40 Stat. 886, provided divisions under Assistant Surgeons General and the rank, pay, and allowances of said Assistants. See sections 206, 207, and 210 of this title. Section 28a, act Apr. 9, 1930, ch. 125, §10(c), 46 Stat. 152, provided for a chief of the narcotics division. See section

  17. Section 12188 - Enforcement

    42 U.S.C. § 12188   Cited 1,385 times   5 Legal Analyses
    Providing that the remedies available to individuals are set forth in 42 U.S.C. § 2000a-3, which allows a private right of action only for injunctive relief for violations of Title II of the Civil Rights Act of 1964

  18. Section 2000a-3 - Civil actions for injunctive relief

    42 U.S.C. § 2000a-3   Cited 756 times
    Requiring notice to state authority as prerequisite to filing civil action when state law prohibits public accommodations discrimination

  19. Section 12189 - Examinations and courses

    42 U.S.C. § 12189   Cited 111 times   1 Legal Analyses

    Any person that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes shall offer such examinations or courses in a place and manner accessible to persons with disabilities or offer alternative accessible arrangements for such individuals. 42 U.S.C. § 12189 Pub. L. 101-336, title III, §309, July 26, 1990, 104 Stat. 365. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATESection