87 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,027 times   280 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,773 times   367 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' "
  3. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,040 times   505 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"
  4. Auer v. Robbins

    519 U.S. 452 (1997)   Cited 2,342 times   90 Legal Analyses
    Holding that a federal agency's interpretation of a regulation is controlling where it is not "plainly erroneous or inconsistent with the regulation"
  5. Bragdon v. Abbott

    524 U.S. 624 (1998)   Cited 1,645 times   5 Legal Analyses
    Holding that DOJ's administrative guidance on ADA compliance is entitled to deference
  6. Thomas Jefferson Univ. v. Shalala

    512 U.S. 504 (1994)   Cited 1,278 times   5 Legal Analyses
    Holding that "the agency’s interpretation must be given controlling weight unless it is plainly erroneous or inconsistent with the regulation"
  7. Olmstead v. L. C

    527 U.S. 581 (1999)   Cited 910 times   9 Legal Analyses
    Holding that a state engages in disability discrimination if it institutionalizes individuals with disabilities when community-based placement could be reasonably accommodated, accounting for the resources available to the state and the needs of others with disabilities.
  8. Ocasio-Hernández v. Fortuño-Burset

    640 F.3d 1 (1st Cir. 2011)   Cited 2,156 times   1 Legal Analyses
    Holding that “an adequate complaint must provide fair notice to the defendants and state a facially plausible legal claim” (citing Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009)), and Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929
  9. Reiter v. Cooper

    507 U.S. 258 (1993)   Cited 722 times   3 Legal Analyses
    Holding district court has discretion “either to retain jurisdiction or ... to dismiss the case”
  10. Newman v. Piggie Park Enterprises

    390 U.S. 400 (1968)   Cited 1,457 times   2 Legal Analyses
    Holding that a barbeque vendor must serve black customers even if he perceives such service as vindicating racial equality, in violation of his religious beliefs
  11. Section 12101 - Findings and purpose

    42 U.S.C. § 12101   Cited 23,475 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"
  12. Section 794 - Nondiscrimination under Federal grants and programs

    29 U.S.C. § 794   Cited 12,383 times   29 Legal Analyses
    Adopting ADA standards for Rehabilitation Act claims
  13. 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"
  14. Section 12182 - Prohibition of discrimination by public accommodations

    42 U.S.C. § 12182   Cited 3,903 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 3,470 times   27 Legal Analyses
    Including "grocery store" and "pharmac[ies]" whose operations "affect commerce" within the definition of "public accommodation"
  16. Section 12188 - Enforcement

    42 U.S.C. § 12188   Cited 1,338 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
  17. Section 517 - Interests of United States in pending suits

    28 U.S.C. § 517   Cited 382 times   5 Legal Analyses
    Noting that lawyers designated by the Attorney General shall "attend to the interests of the United States"
  18. 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"
  19. Section 613 - Video programming accessibility

    47 U.S.C. § 613   Cited 10 times

    (a) Repealed. Pub. L. 115-141, div. P, title IV, §402(i)(11), Mar. 23, 2018, 132 Stat. 1090 (b) Accountability criteria Within 18 months after February 8, 1996, the Commission shall prescribe such regulations as are necessary to implement this section. Such regulations shall ensure that- (1) video programming first published or exhibited after the effective date of such regulations is fully accessible through the provision of closed captions, except as provided in subsection (d); and (2) video programming

  20. Section 36.303 - Auxiliary aids and services

    28 C.F.R. § 36.303   Cited 351 times   21 Legal Analyses
    Listing the same, plus "audio recordings," "Brailled materials and displays," "accessible electronic and information technology," and more
  21. Section 35.150 - Existing facilities

    28 C.F.R. § 35.150   Cited 348 times   1 Legal Analyses
    Implementing Title II of the ADA
  22. Section 36.304 - Removal of barriers

    28 C.F.R. § 36.304   Cited 289 times
    Listing "[e]xamples of steps to remove barriers"
  23. Section 36.201 - General

    28 C.F.R. § 36.201   Cited 251 times   4 Legal Analyses
    Providing that "[b]oth the landlord who owns the building that houses a place of public accommodation and the tenant who owns or operates the place of public accommodation are" [subject to the ADA]
  24. Section 35.151 - New construction and alterations

    28 C.F.R. § 35.151   Cited 213 times   1 Legal Analyses
    Providing that "[e]ach facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992"
  25. Section 104.3 - Definitions

    34 C.F.R. § 104.3   Cited 167 times
    Pertaining to the Act
  26. Section 104.4 - Discrimination prohibited

    34 C.F.R. § 104.4   Cited 87 times   3 Legal Analyses
    Prohibiting recipients of federal financial assistance from selecting the “site or location of a facility” that has the “effect of excluding handicapped persons from, denying them the benefits of, or otherwise subjecting them to discrimination under any program or activity”
  27. 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 "
  28. Section 79.4 - Closed captioning of video programming delivered using Internet protocol

    47 C.F.R. § 79.4   Cited 5 times
    Requiring closed captioning only for full-length videos initially broadcasted with captions in the United States after certain dates