36 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,697 times 365 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.
528 U.S. 167 (2000) Cited 7,153 times 25 Legal Analyses
Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing
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."
Russello v. United States
464 U.S. 16 (1983) Cited 2,096 times 6 Legal Analyses
Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"
Barnhart v. Sigmon Coal Co.
534 U.S. 438 (2002) Cited 838 times 2 Legal Analyses
Holding that where Congress has listed some categories of people as to successor liability under 26 U.S.C. § 9706, those not included in the list are not liable because Congress could have included them "clearly and explicitly"
Smith v. City of Jackson
544 U.S. 228 (2005) Cited 654 times 57 Legal Analyses
Holding that "when Congress uses the same language in two statutes having similar purposes, particularly when one is enacted shortly after the other, it is appropriate to presume that Congress intended that text to have the same meaning in both statutes."
GFF Corp. v. Associated Wholesale Grocers, Inc.
130 F.3d 1381 (10th Cir. 1997) Cited 1,548 times
Holding failure to address district court's alternative ground for granting summary judgment compelled affirmance
Hubbard v. 7-Eleven, Inc.
433 F. Supp. 2d 1134 (S.D. Cal. 2006) Cited 92 times
Finding ADA claim moot after defendant remedied a ramp slope plaintiff alleged was too steep
Afl-Cio v. Federal Election Com'n
333 F.3d 168 (D.C. Cir. 2003) Cited 91 times
Holding that the disclosure of internal planning materials of a political organization would have a chilling effect on the group's First Amendment rights
Independent Living Resources v. Oregon Arena
982 F. Supp. 698 (D. Or. 1997) Cited 100 times
Holding that 4.33.3 "does not purport to decide whether lines of sight over standing spectators are — or are not — necessary in order to comply with the ADA"
Section 2000e-2 - Unlawful employment practices
42 U.S.C. § 2000e-2 Cited 28,283 times 170 Legal Analyses
Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”
Section 12112 - Discrimination
42 U.S.C. § 12112 Cited 13,518 times 159 Legal Analyses
Recognizing failure to accommodate as form of discrimination
Section 12182 - Prohibition of discrimination by public accommodations
42 U.S.C. § 12182 Cited 3,882 times 61 Legal Analyses
Explaining that public accommodations cannot "directly or through contractual or other arrangements, utilize standards or criteria or methods of administration" that have the effect of discriminating on the basis of disability."
Section 12113 - Defenses
42 U.S.C. § 12113 Cited 401 times 16 Legal Analyses
Providing an employer may have "a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace"
Section 12183 - New construction and alterations in public accommodations and commercial facilities
42 U.S.C. § 12183 Cited 320 times 1 Legal Analyses
Defining discrimination as, "with respect to a facility or part thereof that is altered by, on behalf of, or for the use of an establishment in a manner that affects or could affect the usability of the facility or part thereof , a failure to make alterations in such a manner that, to the maximum extent feasible , the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs"
Section 12186 - Regulations
42 U.S.C. § 12186 Cited 208 times
Authorizing the Secretary of Transportation to issue regulations implementing the transportation-related provisions of Titles II and III
Section 2-1402.11 - Prohibitions
D.C. Code § 2-1402.11 Cited 191 times 2 Legal Analyses
Prohibiting discrimination based on "sex, ... sexual orientation," etc.
Section 2-1403.16 - Private cause of action
D.C. Code § 2-1403.16 Cited 170 times
Stating that "where the [DCOHR] has dismissed complaint on the grounds of administrative convenience, or where the complainant has withdrawn a complaint, such person shall maintain all rights to bring suit as if no complaint has been filed"
Section 12184 - Prohibition of discrimination in specified public transportation services provided by private entities
42 U.S.C. § 12184 Cited 67 times 1 Legal Analyses
Stating that "[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of specified public transportation services provided by a private entity that is primarily engaged in the business of transporting people and whose operations affect commerce"
Section 2-1402.31 - Prohibitions
D.C. Code § 2-1402.31 Cited 34 times
Forbidding certain forms of discrimination "based on the actual or perceived: race, color, religion, national origin, sex , age, ... [or] sexual orientation ... of any individual"
Section 36.402 - Alterations
28 C.F.R. § 36.402 Cited 112 times
Defining "alteration"

Fiedler et al v. MHG Cafe Dupont, LLC

36 Cited authorities

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing

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."

Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"

Holding that where Congress has listed some categories of people as to successor liability under 26 U.S.C. § 9706, those not included in the list are not liable because Congress could have included them "clearly and explicitly"

Holding that "when Congress uses the same language in two statutes having similar purposes, particularly when one is enacted shortly after the other, it is appropriate to presume that Congress intended that text to have the same meaning in both statutes."

Holding failure to address district court's alternative ground for granting summary judgment compelled affirmance

Finding ADA claim moot after defendant remedied a ramp slope plaintiff alleged was too steep

Holding that the disclosure of internal planning materials of a political organization would have a chilling effect on the group's First Amendment rights

Holding that 4.33.3 "does not purport to decide whether lines of sight over standing spectators are — or are not — necessary in order to comply with the ADA"

Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”

Recognizing failure to accommodate as form of discrimination

Explaining that public accommodations cannot "directly or through contractual or other arrangements, utilize standards or criteria or methods of administration" that have the effect of discriminating on the basis of disability."

Providing an employer may have "a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace"

Authorizing the Secretary of Transportation to issue regulations implementing the transportation-related provisions of Titles II and III

Prohibiting discrimination based on "sex, ... sexual orientation," etc.

Stating that "where the [DCOHR] has dismissed complaint on the grounds of administrative convenience, or where the complainant has withdrawn a complaint, such person shall maintain all rights to bring suit as if no complaint has been filed"

Stating that "[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of specified public transportation services provided by a private entity that is primarily engaged in the business of transporting people and whose operations affect commerce"

Forbidding certain forms of discrimination "based on the actual or perceived: race, color, religion, national origin, sex , age, ... [or] sexual orientation ... of any individual"

Defining "alteration"