42 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 260,142 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 273,590 times 368 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 28,570 times 141 Legal Analyses
Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
Clapper v. Amnesty Int'l USA
568 U.S. 398 (2013) Cited 3,232 times 169 Legal Analyses
Holding that, in the absence of some independent existing or impending harm, plaintiffs "cannot manufacture standing merely by inflicting harm on themselves"
Summers v. Earth Island Inst.
555 U.S. 488 (2009) Cited 3,088 times 12 Legal Analyses
Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"
Daimlerchrysler Corp. v. Cuno
547 U.S. 332 (2006) Cited 2,776 times 7 Legal Analyses
Holding that plaintiffs did not have standing because their injury was " 'conjectural or hypothetical' in that it depend[ed] on how legislators respond[ed] to a reduction in revenue"
Los Angeles v. Lyons
461 U.S. 95 (1983) Cited 7,657 times 13 Legal Analyses
Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold
Whitmore v. Arkansas
495 U.S. 149 (1990) Cited 2,908 times 16 Legal Analyses
Holding that a third party does not have "standing to challenge the validity of a death sentence imposed on a capital defendant who has elected to forgo his right of appeal"
City of Arlington v. Fed. Commc'ns Comm'n
569 U.S. 290 (2013) Cited 574 times 14 Legal Analyses
Holding that Chevron applies to questions about the scope of an agency's statutory authority
Cockrell v. Sparks
510 F.3d 1307 (11th Cir. 2007) Cited 744 times
Holding that an amendment is futile "when the complaint as amended would still be properly dismissed"
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 354,229 times 943 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 160,289 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1144 - Other laws
29 U.S.C. § 1144 Cited 7,020 times 53 Legal Analyses
Saving clause
Section 12182 - Prohibition of discrimination by public accommodations
42 U.S.C. § 12182 Cited 3,963 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."
Section 12181 - Definitions
42 U.S.C. § 12181 Cited 3,529 times 27 Legal Analyses
Including "grocery store" and "pharmac[ies]" whose operations "affect commerce" within the definition of "public accommodation"
Section 12201 - Construction
42 U.S.C. § 12201 Cited 762 times 25 Legal Analyses
Holding that "an employer has no duty to accommodate an employee it regards as disabled"
Section 36.104 - Definitions
28 C.F.R. § 36.104 Cited 396 times 11 Legal Analyses
Enumerating factors to consider in the undue burden analysis

Pankey v. Aetna Life Insurance Company et al

42 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

Holding that, in the absence of some independent existing or impending harm, plaintiffs "cannot manufacture standing merely by inflicting harm on themselves"

Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"

Holding that plaintiffs did not have standing because their injury was " 'conjectural or hypothetical' in that it depend[ed] on how legislators respond[ed] to a reduction in revenue"

Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold

Holding that a third party does not have "standing to challenge the validity of a death sentence imposed on a capital defendant who has elected to forgo his right of appeal"

Holding that Chevron applies to questions about the scope of an agency's statutory authority

Holding that an amendment is futile "when the complaint as amended would still be properly dismissed"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Saving clause

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."

Including "grocery store" and "pharmac[ies]" whose operations "affect commerce" within the definition of "public accommodation"

Holding that "an employer has no duty to accommodate an employee it regards as disabled"

Enumerating factors to consider in the undue burden analysis