§Why CasetextPricing

Woloshin v. New Jersey Transit Bus Operations et al

BRIEF in Opposition

34 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,123 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. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 16,935 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  3. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,158 times   4 Legal Analyses
    Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"

  4. United States v. Georgia

    546 U.S. 151 (2006)   Cited 1,464 times   1 Legal Analyses
    Holding that Title II of the Americans with Disabilities Act validly abrogated state sovereign immunity "insofar as [it] create[d] a private cause of action for damages against the States for conduct that actually violates the Fourteenth Amendment"

  5. City of Boerne v. Flores

    521 U.S. 507 (1997)   Cited 1,803 times   21 Legal Analyses
    Holding that RFRA is unconstitutional in so far as it permits suits against state actors

  6. Tennessee v. Lane

    541 U.S. 509 (2004)   Cited 1,371 times
    Holding that in providing prophylactic relief in the context of a "fundamental right of access to [state] courts," Title II of the ADA "constitutes a valid exercise of Congress's § 5 authority to enforce the guarantees of the Fourteenth Amendment" and abrogates the states' Eleventh Amendment sovereign immunity

  7. Barnes v. Gorman

    536 U.S. 181 (2002)   Cited 849 times   11 Legal Analyses
    Holding that a direct recipient of federal funds may be held liable for intentional conduct that violates the clear terms of a Spending Clause statute

  8. Malleus v. George

    641 F.3d 560 (3d Cir. 2011)   Cited 2,639 times   1 Legal Analyses
    Holding inquiry is normally broken into three parts: identifying the elements of a claim, reviewing the complaint to strike conclusory allegations, and then looking at the well-pleaded components of the complaint and evaluating whether all of the elements identified in part one of the inquiry are sufficiently alleged.

  9. Nevada Dept. of Human Resources v. Hibbs

    538 U.S. 721 (2003)   Cited 664 times   9 Legal Analyses
    Holding FMLA family leave provision validly abrogated state sovereign immunity: "pervasive sex-role stereotype that caring for family members is women’s work," in turn "foster[ing] employers’ stereotypical views about women’s commitment to work and their value as employees"

  10. Chavarriaga v. State

    806 F.3d 210 (3d Cir. 2015)   Cited 818 times
    Holding that denial of potable water for three consecutive days states a conditions-of-confinement claim

  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 348,416 times   930 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 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,986 times   136 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  13. Section 1447 - Procedure after removal generally

    28 U.S.C. § 1447   Cited 33,290 times   110 Legal Analyses
    Holding that with exceptions not relevant here, "[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise"

  14. Section 12101 - Findings and purpose

    42 U.S.C. § 12101   Cited 23,480 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"

  15. Section 794 - Nondiscrimination under Federal grants and programs

    29 U.S.C. § 794   Cited 12,387 times   29 Legal Analyses
    Adopting ADA standards for Rehabilitation Act claims

  16. Section 12133 - Enforcement

    42 U.S.C. § 12133   Cited 745 times
    Adopting the "remedies, procedures, and rights set forth in section 794a of Title 29"

  17. Section 10:5-4 - Obtaining employment and privileges without discrimination; civil right

    N.J. Stat. § 10:5-4   Cited 286 times
    Recognizing opportunity to obtain employment "without discrimination because of . . . age," as a civil right

  18. Section 59:2-10 - Public employee conduct-limitation on entity liability

    N.J. Stat. § 59:2-10   Cited 208 times
    Stating that " public entity is not liable for the acts or omissions of a public employee constituting a crime, actual fraud, actual malice, or willful misconduct"

  19. Section 35.130 - General prohibitions against discrimination

    28 C.F.R. § 35.130   Cited 1,592 times   6 Legal Analyses
    Finding discrimination in violation of ADA when disabled persons have unequal opportunity to participate in state services or unequal ability to realize the benefit of those services