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Stanley et al v. Barbri Inc

MOTION to Dismiss for Lack of Jurisdiction , Motion to Dismiss for Failure to State a Claim

28 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,791 times   369 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

  2. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 29,335 times   144 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"

  3. Summers v. Earth Island Inst.

    555 U.S. 488 (2009)   Cited 3,185 times   13 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"

  4. Davis v. Fed. Election Comm'n

    554 U.S. 724 (2008)   Cited 1,328 times   6 Legal Analyses
    Holding that there was a reasonable expectation that a congressional candidate would be subject to a federal campaign finance law in the future when he "made a public statement expressing his intent" to run for the seat in the future

  5. United States Parole Comm'n v. Geraghty

    445 U.S. 388 (1980)   Cited 2,052 times   11 Legal Analyses
    Holding that class certification itself may provide "a personal stake . . . sufficient to assure Art. III values are not undermined."

  6. Schlesinger v. Reservists to Stop the War

    418 U.S. 208 (1974)   Cited 1,153 times   1 Legal Analyses
    Holding that a "generalized interest of all citizens in constitutional governance" cannot confer standing

  7. Weyer v. Twentieth Century Fox Film Corp.

    198 F.3d 1104 (9th Cir. 2000)   Cited 290 times   21 Legal Analyses
    Holding that an insurer could not be held liable under Title III of the ADA for limiting mental illness benefits because the ADA did not require the provision of different goods and services

  8. Kitty Hawk Aircargo, Inc. v. Chao

    418 F.3d 453 (5th Cir. 2005)   Cited 198 times
    Rejecting air cargo company's claim of injury from U.S. Department of Labor ruling that pilots were subject to prevailing wage requirements because "nothing in the record, beyond a conclusory statement in the affidavit of its Chief Executive Officer," supported "assertion that an increased prevailing wage determination will interfere with its ability to assign pilots according to standard operating procedures and business considerations"

  9. Ford v. Schering-Plough Corp.

    145 F.3d 601 (3d Cir. 1998)   Cited 239 times   11 Legal Analyses
    Holding that, because plaintiff "received her disability benefits via her employment," and "had no nexus to [defendant's] `insurance office,'" she "was not discriminated against in connection with a public accommodation," and therefore could not state a claim under Title III

  10. Parker v. Metropolitan Life Insurance Company

    121 F.3d 1006 (6th Cir. 1997)   Cited 220 times   10 Legal Analyses
    Holding that "places of public accommodation" must be "physical"

  11. 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 362,607 times   962 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 121.003 - Discrimination Prohibited

    Tex. Hum. Res. Code § 121.003   Cited 36 times
    Applying to public facilities

  13. Section 121.001 - State Policy

    Tex. Hum. Res. Code § 121.001   Cited 27 times   1 Legal Analyses

    The policy of the state is to encourage and enable persons with disabilities to participate fully in the social and economic life of the state, to achieve maximum personal independence, to become gainfully employed, and to otherwise fully enjoy and use all public facilities available within the state. Tex. Hum. Res. Code § 121.001 Amended by Acts 1997, 75th Leg., ch. 649, Sec. 2, eff. 9/1/1997. Acts 1979, 66th Leg., p. 2425, ch. 842, art. 1, Sec. 1, eff. 9/1/1979.

  14. Section 121.002 - Definitions

    Tex. Hum. Res. Code § 121.002   Cited 14 times

    In this chapter: (1) "Assistance animal" and "service animal" mean a canine that is specially trained or equipped to help a person with a disability and that is used by a person with a disability. (2) "Harass" means any conduct that: (A) is directed at an assistance animal that impedes or interferes with, or is intended to impede or interfere with, the animal's performance of its duties; or (B) places a person with a disability who is using an assistance animal, or a trainer who is training an assistance

  15. Section 121.004 - Penalties for and Damages Resulting From Discrimination

    Tex. Hum. Res. Code § 121.004   Cited 12 times
    Permitting person with disabilities to "maintain an action" for discrimination

  16. Section 121.0014 - [Effective 4/1/2025] Vision Statement

    Tex. Hum. Res. Code § 121.0014

    (a) The Health and Human Services Commission, each health and human services agency, and each state agency that administers a workforce development program shall adopt the following statement of vision: The State of Texas shall ensure that all Texans with disabilities have the opportunity and support necessary to work in individualized, competitive employment in the community and to have choices about their work and careers. (b) In this section, "health and human services agency" means an agency

  17. Section 36.104 - Definitions

    28 C.F.R. § 36.104   Cited 401 times   11 Legal Analyses
    Enumerating factors to consider in the undue burden analysis