53 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,816 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 216,828 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. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 113,381 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
  4. Bragdon v. Abbott

    524 U.S. 624 (1998)   Cited 1,642 times   5 Legal Analyses
    Holding that DOJ's administrative guidance on ADA compliance is entitled to deference
  5. Grayned v. City of Rockford

    408 U.S. 104 (1972)   Cited 4,725 times   6 Legal Analyses
    Holding that a statute's words, even when "marked by flexibility and reasonable breadth, rather than meticulous specificity," are clear based on "what the ordinance as a whole prohibits"
  6. 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.
  7. C.A.R. Trans. Brokerage v. Darden Restaurants

    213 F.3d 474 (9th Cir. 2000)   Cited 1,934 times
    Holding plaintiff failed to raise "a genuine issue for trial" because it did not counter evidence supporting a defense to its claims
  8. Chapman v. Pier 1 Imports

    631 F.3d 939 (9th Cir. 2011)   Cited 1,187 times
    Holding plaintiff lacks standing to challenge barriers he has not encountered
  9. Coates v. City of Cincinnati

    402 U.S. 611 (1971)   Cited 1,040 times   1 Legal Analyses
    Holding a statute to be unconstitutionally vague because it subjected First Amendment rights to "an unascertainable standard"
  10. Shalala v. Guernsey Memorial Hospital

    514 U.S. 87 (1995)   Cited 424 times   8 Legal Analyses
    Holding that interpretive rules, which are not subject to the notice and comment procedure, are not accorded the weight that regulations are given
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,613 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Section 12101 - Findings and purpose

    42 U.S.C. § 12101   Cited 23,431 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"
  13. Rule 78 - Hearing Motions; Submission on Briefs

    Fed. R. Civ. P. 78   Cited 22,470 times
    Providing that court may decide motions on written statements of reasons in support and opposition to expedite business
  14. Section 51 - Unruh Civil Rights Act

    Cal. Civ. Code § 51   Cited 4,684 times   35 Legal Analyses
    Incorporating ADA violations
  15. Section 12182 - Prohibition of discrimination by public accommodations

    42 U.S.C. § 12182   Cited 3,895 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."
  16. Section 12181 - Definitions

    42 U.S.C. § 12181   Cited 3,467 times   27 Legal Analyses
    Including "grocery store" and "pharmac[ies]" whose operations "affect commerce" within the definition of "public accommodation"
  17. Section 12186 - Regulations

    42 U.S.C. § 12186   Cited 209 times
    Authorizing the Secretary of Transportation to issue regulations implementing the transportation-related provisions of Titles II and III
  18. 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
  19. Section 36.406 - Standards for new construction and alterations

    28 C.F.R. § 36.406   Cited 146 times   1 Legal Analyses
    Referring to 28 CFR § 36, App. A
  20. Section 36.401 - New construction

    28 C.F.R. § 36.401   Cited 68 times

    (a)General. (1) Except as provided in paragraphs (b) and (c) of this section, discrimination for purposes of this part includes a failure to design and construct facilities for first occupancy after January 26, 1993, that are readily accessible to and usable by individuals with disabilities. (2) For purposes of this section, a facility is designed and constructed for first occupancy after January 26, 1993, only- (i) If the last application for a building permit or permit extension for the facility