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← 104 F. Supp. 2d 80 - Lemire v. Silva

104 F. Supp. 2d 80 - Lemire v. Silva’s Empirical Analysis

2000

Citation profile

10
cited by 10 later decisions
2
states following
March 2016
most recently cited

1 federal appellate · 7 district · 2 state decisions

Relationships

Applies 42 U.S.C. § 12101 (§ 2 of the Americans with Disabilities Act of 1990) · 42 U.S.C. § 12102 (§ 3 of the Americans with Disabilities Act of 1990) · 42 U.S.C. § 12111 (§ 101 of the Americans with Disabilities Act of 1990) · 42 U.S.C. § 12112 (§ 102 of the Americans with Disabilities Act of 1990)

Relies on Celotex Corporation v. Catrett H · McDonnell Douglas Corp. v. Green · Reeves v. Sanderson Plumbing Products, Inc. · St. Mary's Honor Center v. Hicks · Bragdon v. Abbott

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “The McAlindin standard, whereby those demonstrating severe problems on a regular basis, such as “consistently high levels of hostility, social withdrawal or failure to communicate when necessary,” strikes a good balance between frivolous and significant interacting with others claims.... Just as an individual in a wheelchair "may be mobile and capable of functioning in society but still be disabled because of a substantial limitation on their ability to walk or run,” an individual capable of interacting with others some of the time who nevertheless experiences significant difficulty in doing so likewise is substantially limited in the ability to interact with others. When applied diligently but not insurmountably to protect those who can demonstrate regular and severe difficulties communicating with others and interacting within appropriate social parameters, this standard should effectively negate the possibility of a floodgate of litigation.”
    1 later decision quote this exact passage · from the majority
  2. ““The ability to travel is also a major life activity, if defined, as the Court of Appeals for the Second Circuit suggested in Johnson Controls, to include basic mobility, such as leaving one’s home. The ability to leave one’s home and travel short distances is necessary in most cases to form and maintain social ties, earn a living, and purchase food and clothing.” (Emphasis added.) 104 F. Supp. 2d at 87 .”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.