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Housing Opportunities Project For Excellence, Inc. et al v. Miami Property Group LTD et al

MOTION for Preliminary Injunction

32 Cited authorities

  1. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 52,185 times   95 Legal Analyses
    Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision

  2. Alexander v. Gardner-Denver Co.

    415 U.S. 36 (1974)   Cited 2,848 times   18 Legal Analyses
    Holding that workers may bring Title VII discrimination claims in federal court notwithstanding an arbitration provision in a CBA

  3. Jones v. Mayer Co.

    392 U.S. 409 (1968)   Cited 959 times   3 Legal Analyses
    Holding that in enacting § 1982 — which, like § 1981, was part of § 1 of the Civil Rights Act of 1866 — Congress intended to reach both private discrimination and discrimination under color of state law

  4. McDonald's Corporation v. Robertson

    147 F.3d 1301 (11th Cir. 1998)   Cited 884 times
    Holding that where the necessary facts are contested and credibility determinations must be made, relief cannot be granted without an evidentiary hearing

  5. Loren v. Sasser

    309 F.3d 1296 (11th Cir. 2002)   Cited 511 times
    Holding the duty to provide transcript on appeal applies to pro se litigants

  6. Jackson v. Okaloosa County

    21 F.3d 1531 (11th Cir. 1994)   Cited 619 times   2 Legal Analyses
    Holding plaintiffs’ allegations that public housing was concentrated in Black neighborhoods stated a claim of intentional discrimination

  7. Shapiro v. Cadman Towers, Inc.

    51 F.3d 328 (2d Cir. 1995)   Cited 242 times
    Holding that a landlord's failure to grant a disabled tenant an exception to "first come-first served" waiting list for tenant parking substantially affected tenant's use and enjoyment of her dwelling

  8. Bronk v. Ineichen

    54 F.3d 425 (7th Cir. 1995)   Cited 198 times
    Holding that the district court erred as a matter of law by providing a jury instruction from which the "jury could logically infer ... that without school training, a dog cannot be a reasonable accommodation," where a reasonable accommodation is defined by statute as "facilitat[ing] a [person with a disability's] ability to function"

  9. Bangerter v. Orem City Corp.

    46 F.3d 1491 (10th Cir. 1995)   Cited 143 times
    Holding that "two potential justifications" are "benign discrimination" and "public safety"

  10. Dadian v. Village of Wilmette

    269 F.3d 831 (7th Cir. 2001)   Cited 109 times
    Holding that the decision as to whether plaintiffs were disabled under the ADA was a question for the jury

  11. Section 1981a - Damages in cases of intentional discrimination in employment

    42 U.S.C. § 1981a   Cited 4,159 times   55 Legal Analyses
    Finding that "additional remedies under Federal law are needed to deter unlawful harassment and intentional discrimination in the workplace"

  12. Section 3604 - Discrimination in the sale or rental of housing and other prohibited practices

    42 U.S.C. § 3604   Cited 4,072 times   64 Legal Analyses
    Requiring any "accommodation" in "rules, policies, practices, or services" to be "reasonable"

  13. Section 3610 - Administrative enforcement; preliminary matters

    42 U.S.C. § 3610   Cited 370 times   1 Legal Analyses
    Granting a private right of action to "[a]ny person who claims to have been injured by a discriminatory housing practice or who believes that he will be irrevocably injured by a discriminatory housing practice about to occur (hereafter `person aggrieved')"

  14. Section 100.204 - Reasonable accommodations

    24 C.F.R. § 100.204   Cited 112 times
    Finding that providing a service dog to a blind housing applicant is an example of reasonable accommodation

  15. Section 100.65 - Discrimination in terms, conditions and privileges and in services and facilities

    24 C.F.R. § 100.65   Cited 86 times
    Noting prohibited actions under the FHA include "[f]ailing or delaying maintenance or repairs of sale or rental dwellings because of race[]"

  16. Section 100.75 - Discriminatory advertisements, statements and notices

    24 C.F.R. § 100.75   Cited 60 times
    Containing identical language

  17. Section 8.4 - Discrimination prohibited

    24 C.F.R. § 8.4   Cited 10 times
    Prohibiting disability discrimination in "any program or activity that receives Federal financial assistance from" HUD

  18. Section 8.24 - Existing housing programs

    24 C.F.R. § 8.24   Cited 5 times
    Addressing accessibility requirements in existing, non-altered housing