30 Cited authorities

Christiansburg Garment Co. v. Equal Emp't Opportunity Comm'n
434 U.S. 412 (1978) Cited 3,639 times 33 Legal Analyses
Holding that for a defendant to recoup attorneys fees under § 706(k) of Title VII, a court must find that the plaintiff litigated his or her claim beyond the point where it became “frivolous, unreasonable, or groundless” or where plaintiff acted in bad faith
Crosby v. Nat'l Foreign Trade Council
530 U.S. 363 (2000) Cited 982 times 9 Legal Analyses
Holding that a state Burma sanctions bill conflicted with a federal Burma sanctions bill because it undermined Congress's delegation to the President of "flexible and effective authority" to adjust all sanctions in response to changing conditions
Geier v. Am. Honda Motor Co.
529 U.S. 861 (2000) Cited 786 times 16 Legal Analyses
Holding the absence of an express pre-emption clause “does not bar the ordinary working of conflict pre-emption principles”
Hines v. Davidowitz
312 U.S. 52 (1941) Cited 2,184 times 12 Legal Analyses
Holding that the Alien Registration Act of 1940 preempted Pennsylvania's alien registration requirements
Doran v. 7-Eleven, Inc.
524 F.3d 1034 (9th Cir. 2008) Cited 446 times
Holding that plaintiff had standing where his “deposition testimony demonstrate[d] both ... deterrence ... and his intention to return in the future”
Graham v. DaimlerChrysler Corp.
34 Cal.4th 553 (Cal. 2004) Cited 412 times 1 Legal Analyses
Holding the trial court may consider results obtained in awarding a fee multiplier
Munson v. Del Taco, Inc.
46 Cal.4th 661 (Cal. 2009) Cited 330 times 4 Legal Analyses
Holding that a plaintiff need not prove intentional discrimination to recover for an ADA violation under the Unruh Act
Heather Farms Homeowners Assn. v. Robinson
21 Cal.App.4th 1568 (Cal. Ct. App. 1994) Cited 122 times 1 Legal Analyses
Concluding trial court should "analyze[] which party had prevailed on a practical level" when determining who the "prevailing party" was under a statute that awarded attorney's fees and costs to the "prevailing party" but did not define the term
Donald v. Cafe Royale, Inc.
218 Cal.App.3d 168 (Cal. Ct. App. 1990) Cited 121 times 1 Legal Analyses
Finding that a restaurant seating area for disabled patrons in a separate “lower level lounge area” did not provide equal access to the “two raised tiers of the main dining area”
Hubbard v. Sobreck, LLC
531 F.3d 983 (9th Cir. 2008) Cited 54 times 1 Legal Analyses
Holding that the ADA preempts another California fee-shifting statute to the extent that it authorizes defendants to recover fees for defending against non-frivolous ADA claims
Section 12101 - Findings and purpose
42 U.S.C. § 12101 Cited 23,256 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"
Section 12102 - Definition of disability
42 U.S.C. § 12102 Cited 10,759 times 40 Legal Analyses
Recognizing ADA claim where plaintiff is "regarded as" disabled
Section 12182 - Prohibition of discrimination by public accommodations
42 U.S.C. § 12182 Cited 3,871 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 3,442 times 27 Legal Analyses
Including "grocery store" and "pharmac[ies]" whose operations "affect commerce" within the definition of "public accommodation"
Section 1021.5 - Attorney's fees in action resulting in enforcement of important right affecting public interest
Cal. Code Civ. Proc. § 1021.5 Cited 1,723 times 19 Legal Analyses
Providing that "a court may award" attorney's fees "to a successful party "
Section 12205 - Attorney's fees
42 U.S.C. § 12205 Cited 1,579 times 1 Legal Analyses
Permitting the court to allow costs to "the prevailing party"
Section 12188 - Enforcement
42 U.S.C. § 12188 Cited 1,329 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
Section 52 - Liability for discrimination or denial of right
Cal. Civ. Code § 52 Cited 1,375 times 4 Legal Analyses
Holding that violators of the Act are liable to "any person denied the rights" guaranteed by the Act
Section 54 - Right to full and free use of streets, highways, sidewalks, public building, other public places
Cal. Civ. Code § 54 Cited 1,100 times 5 Legal Analyses
Defining "disability" as an "impairment that substantially limits one or more of the major life activities of the individual"
Section 12201 - Construction
42 U.S.C. § 12201 Cited 752 times 25 Legal Analyses
Holding that "an employer has no duty to accommodate an employee it regards as disabled"

JANKEY v. LEE

30 Cited authorities

Holding that for a defendant to recoup attorneys fees under § 706(k) of Title VII, a court must find that the plaintiff litigated his or her claim beyond the point where it became “frivolous, unreasonable, or groundless” or where plaintiff acted in bad faith

Holding that a state Burma sanctions bill conflicted with a federal Burma sanctions bill because it undermined Congress's delegation to the President of "flexible and effective authority" to adjust all sanctions in response to changing conditions

Holding the absence of an express pre-emption clause “does not bar the ordinary working of conflict pre-emption principles”

Holding that the Alien Registration Act of 1940 preempted Pennsylvania's alien registration requirements

Holding that plaintiff had standing where his “deposition testimony demonstrate[d] both ... deterrence ... and his intention to return in the future”

Holding the trial court may consider results obtained in awarding a fee multiplier

Holding that a plaintiff need not prove intentional discrimination to recover for an ADA violation under the Unruh Act

Concluding trial court should "analyze[] which party had prevailed on a practical level" when determining who the "prevailing party" was under a statute that awarded attorney's fees and costs to the "prevailing party" but did not define the term

Finding that a restaurant seating area for disabled patrons in a separate “lower level lounge area” did not provide equal access to the “two raised tiers of the main dining area”

Holding that the ADA preempts another California fee-shifting statute to the extent that it authorizes defendants to recover fees for defending against non-frivolous ADA claims

Finding a pattern of " unnecessary discrimination and prejudice" that "costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity"

Recognizing ADA claim where plaintiff is "regarded as" disabled

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"

Providing that "a court may award" attorney's fees "to a successful party "

Permitting the court to allow costs to "the prevailing party"

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

Holding that violators of the Act are liable to "any person denied the rights" guaranteed by the Act

Defining "disability" as an "impairment that substantially limits one or more of the major life activities of the individual"

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