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National Fair Housing Alliance, Inc. et al v. S.C. Bodner Company, Inc. et al

RESPONSE in Opposition re MOTION to Dismiss Plaintiffs' Amended Complaint, 110 MOTION to Dismiss Plaintiffs' Amended Complaint for Failure to State a Claim, 103 MOTION to Dismiss

29 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,028 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 268,776 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. 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

  4. Food & Drug Administration v. Brown & Williamson Tobacco Corp.

    529 U.S. 120 (2000)   Cited 1,517 times   40 Legal Analyses
    Holding that Congress had not yet empowered the FDA to regulate tobacco products

  5. Tamayo v. Blagojevich

    526 F.3d 1074 (7th Cir. 2008)   Cited 3,019 times   6 Legal Analyses
    Holding that a senior administrator who testified before a legislative committee with oversight of her agency was "discharging the responsibilities of her office, not appearing as 'Jane Q. Public.' "

  6. Swanson v. Citibank

    614 F.3d 400 (7th Cir. 2010)   Cited 2,017 times   2 Legal Analyses
    Holding plaintiff stated a claim under § 3605

  7. Gibson v. City of Chicago

    910 F.2d 1510 (7th Cir. 1990)   Cited 2,927 times
    Holding that "the actions of an officer who has no authority whatsoever to act" are outside the ambit of § 1983

  8. Triad Associates v. Chicago Housing Authority

    892 F.2d 583 (7th Cir. 1989)   Cited 554 times
    Holding that independent contractor claiming loss of and denial of contracts because of political affiliation was not protected by First Amendment

  9. Smith v. Zachary

    255 F.3d 446 (7th Cir. 2001)   Cited 324 times
    Finding it absurd to conclude PLRA's exhaustion requirement for challenges to "prison conditions" was inapplicable to action challenging a single, isolated use of excessive force by prison guard

  10. N.A.A.C.P. v. American Family Mut. Ins. Co.

    978 F.2d 287 (7th Cir. 1992)   Cited 338 times   4 Legal Analyses
    Holding that McCarran Act did not preempt application of Fair Housing Act against redlining by insurance companies where state law outlawed the practice but provided no private remedy

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,506 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

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

    42 U.S.C. § 3604   Cited 4,104 times   64 Legal Analyses
    Requiring any "accommodation" in "rules, policies, practices, or services" to be "reasonable"

  13. Section 3601 - Declaration of policy

    42 U.S.C. § 3601   Cited 4,010 times   44 Legal Analyses
    Stating the FHA is intended to provide “fair housing throughout the United States”

  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 3613 - Enforcement by private persons

    42 U.S.C. § 3613   Cited 1,550 times   6 Legal Analyses
    Granting right to sue in state or federal court

  16. Section 100.70 - Other prohibited sale and rental conduct

    24 C.F.R. § 100.70   Cited 81 times   3 Legal Analyses
    Making it unlawful "to discourage or obstruct choices in a community, neighborhood or development"

  17. Section 100.60 - Unlawful refusal to sell or rent or to negotiate for the sale or rental

    24 C.F.R. § 100.60   Cited 33 times
    Interpreting section 3604 to prohibit "[s]ubjecting a person to harassment because of race ... that causes the person to vacate a dwelling or abandon efforts to secure the dwelling"

  18. Section 100.202 - General prohibitions against discrimination because of handicap

    24 C.F.R. § 100.202   Cited 30 times
    Mirroring the prohibitions in 42 U.S.C. § 3604(f)-