§Why CasetextPricing

Francis Jancik v. Redbox Automated Retail LLC et al

MEMORANDUM in Opposition to MOTION to Dismiss First, Second and Third Causes of Action 32 of Plaintiff's Second Amended Complaint

34 Cited authorities

  1. Hishon v. King Spalding

    467 U.S. 69 (1984)   Cited 12,433 times   7 Legal Analyses
    Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job

  2. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,481 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  3. Connick v. Myers

    461 U.S. 138 (1983)   Cited 5,857 times   15 Legal Analyses
    Holding that an employer need not "allow events to unfold to the extent that the disruption of the office and the destruction of working relationships is manifest before taking action"

  4. Davis v. Monroe County Bd. of Educ.

    526 U.S. 629 (1999)   Cited 1,945 times   31 Legal Analyses
    Holding that the plaintiff sufficiently alleged actionable sexual harassment where her minor daughter suffered "objectively offensive touching" that amounted to "criminal sexual misconduct"

  5. Ward v. Rock Against Racism

    491 U.S. 781 (1989)   Cited 2,862 times   8 Legal Analyses
    Holding that music is protected expression

  6. Pickering v. Board of Education

    391 U.S. 563 (1968)   Cited 5,656 times   28 Legal Analyses
    Holding teacher's dismissal for criticizing school board unconstitutional

  7. Navarro v. Block

    250 F.3d 729 (9th Cir. 2001)   Cited 5,533 times   1 Legal Analyses
    Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"

  8. Turner Broadcasting System, Inc. v. Federal Communications Commission

    512 U.S. 622 (1994)   Cited 1,291 times   7 Legal Analyses
    Holding that rules that distinguish "based only upon the manner in which speakers transmit their messages to viewers, and not upon the messages they carry" are content-neutral

  9. Texas v. Johnson

    491 U.S. 397 (1989)   Cited 1,327 times   7 Legal Analyses
    Holding that Johnson's conviction for burning the American flag violates the First Amendment

  10. United States v. O'Brien

    391 U.S. 367 (1968)   Cited 2,728 times   8 Legal Analyses
    Holding that intermediate scrutiny applies to regulations "when 'speech' and 'nonspeech' elements are combined in the same course of conduct"

  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 345,449 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 155,974 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 12102 - Definition of disability

    42 U.S.C. § 12102   Cited 10,777 times   40 Legal Analyses
    Recognizing ADA claim where plaintiff is "regarded as" disabled

  14. Section 12182 - Prohibition of discrimination by public accommodations

    42 U.S.C. § 12182   Cited 3,876 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."

  15. Section 12181 - Definitions

    42 U.S.C. § 12181   Cited 3,445 times   27 Legal Analyses
    Including "grocery store" and "pharmac[ies]" whose operations "affect commerce" within the definition of "public accommodation"

  16. Section 12103 - Additional definitions

    42 U.S.C. § 12103   Cited 66 times
    Defining "auxiliary aids and services" to include "qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments"

  17. Section 36.303 - Auxiliary aids and services

    28 C.F.R. § 36.303   Cited 349 times   21 Legal Analyses
    Listing the same, plus "audio recordings," "Brailled materials and displays," "accessible electronic and information technology," and more

  18. Section 36.307 - Accessible or special goods

    28 C.F.R. § 36.307   Cited 50 times   1 Legal Analyses
    Stating that an entity is not required "to alter its inventory to include accessible or special goods "