§Why CasetextPricing

Leiterman v. Napolitano et al

Memorandum in opposition to re MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment Plaintiff's Opposition to Defendant's Motion to Dismiss or for Summary Judgment

38 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 237,184 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 217,149 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  3. Alexander v. Choate

    469 U.S. 287 (1985)   Cited 1,237 times   3 Legal Analyses
    Holding that an accommodation is reasonable under the ADA if it provides "meaningful access to the benefit that the [prison] offers"

  4. Taylor v. Small

    350 F.3d 1286 (D.C. Cir. 2003)   Cited 390 times
    Holding a letter of counseling had no effect on plaintiff's employment status where she continued working in the same position, her salary was unchanged, and her job responsibilities were not significantly modified

  5. Taylor v. Federal Deposit Insurance

    132 F.3d 753 (D.C. Cir. 1997)   Cited 365 times
    Holding that plaintiffs lacked standing on action for reinstatement against former employer where plaintiffs voluntarily terminated their own employment

  6. West v. Gibson

    527 U.S. 212 (1999)   Cited 112 times   1 Legal Analyses
    Holding that the phrase "appropriate remedies" in 42 U.S.C. § 2000e–16(b) includes remedies not expressly enumerated

  7. First Chi. Intern. v. United Exch. Co.

    836 F.2d 1375 (D.C. Cir. 1988)   Cited 377 times
    Holding that appellant's failure to file an affidavit specifically outlining the facts that it hoped to uncover with additional discovery did not preclude it from challenging the summary judgment order because other filings were sufficient to notify the district court of the need for further discovery

  8. Washington Post Co. v. U.S. Department of Health & Human Services

    865 F.2d 320 (D.C. Cir. 1989)   Cited 366 times
    Vacating summary judgment on ground that dueling affidavits created "controverted factual issue"

  9. HCSC-Laundry v. United States

    450 U.S. 1 (1981)   Cited 109 times
    Holding that a specific provision takes precedence over a general one

  10. Kim v. U.S.

    632 F.3d 713 (D.C. Cir. 2011)   Cited 138 times
    Holding Section 7433(d) is an “affirmative defense”

  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 348,708 times   930 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 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 330,128 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Section 12101 - Findings and purpose

    42 U.S.C. § 12101   Cited 23,491 times   65 Legal Analyses
    Finding a pattern of " unnecessary discrimination and prejudice" that "costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity"

  14. Section 794 - Nondiscrimination under Federal grants and programs

    29 U.S.C. § 794   Cited 12,391 times   29 Legal Analyses
    Adopting ADA standards for Rehabilitation Act claims

  15. Section 701 - Findings; purpose; policy

    29 U.S.C. § 701   Cited 4,085 times   9 Legal Analyses
    Finding that "disability ... in no way diminishes the right of individuals" to "enjoy full inclusion and integration" in the "mainstream of American society"

  16. Section 791 - Employment of individuals with disabilities

    29 U.S.C. § 791   Cited 2,276 times   6 Legal Analyses
    Adopting standards for ADA claims under § 501 of the Rehabilitation Act, including 42 U.S.C. § 12112, which forbids discrimination "against a qualified individual with a disability because of the disability . . ."

  17. Section 794a - Remedies and attorney fees

    29 U.S.C. § 794a   Cited 1,809 times   2 Legal Analyses
    Adopting the "remedies, procedures, and rights" under Title VII of the Civil Rights Act of 1964 for federal employees filing civil actions

  18. Section 4151 - "Building" defined

    42 U.S.C. § 4151   Cited 52 times
    Relating to design of government buildings to accommodate handicapped

  19. Section 794d - Electronic and information technology

    29 U.S.C. § 794d   Cited 23 times   1 Legal Analyses

    (a) Requirements for Federal departments and agencies (1) Accessibility (A) Development, procurement, maintenance, or use of electronic and information technology When developing, procuring, maintaining, or using electronic and information technology, each Federal department or agency, including the United States Postal Service, shall ensure, unless an undue burden would be imposed on the department or agency, that the electronic and information technology allows, regardless of the type of medium

  20. Section 14 - Assistant director of bureau; appointment; duties

    29 U.S.C. § 14   Cited 2 times

    There shall be in the Women's Bureau an assistant director, to be appointed by the Secretary of Labor, who shall perform such duties as shall be prescribed by the director and approved by the Secretary of Labor. 29 U.S.C. § 14 June 5, 1920, ch. 248, §3, 41 Stat. 987. EDITORIAL NOTES CODIFICATIONWords "who shall receive an annual compensation of $5,000 and" were omitted in view of the Classification Acts. See sections 5101 et seq. and 5331 et seq. of Title 5, Government Organization and Employees

  21. Appendix to Part 1630 - Interpretive Guidance on Title I of the Americans With Disabilities Act

    29 C.F.R. § 1630 app to Part 1630   Cited 860 times   8 Legal Analyses
    Determining whether an individual is substantially limited in a major life activity entails the nature and severity of the impairment; the duration or expected duration of the impairment; and the permanent or long term impact

  22. Section 1614.407 - Civil action: Title VII, Age Discrimination in Employment Act, Rehabilitation Act, Genetic Information Nondiscrimination Act, and Pregnant Workers Fairness Act

    29 C.F.R. § 1614.407   Cited 738 times   1 Legal Analyses
    Authorizing civil actions if no final action is taken within 180 days after a complaint is filed