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Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995
2010
2026
Top citers, strongest first. 46 distinct citers.
How cited ↗
discussed
Cited "but see"
Lee v. Gov DE
Trades Council v. Mayor & Council of Camden, 465 U.S. 208, 219 , 104 S.Ct. 1020 , 79 L.Ed.2d 249 (1984) (holding that Privileges and Immunities Clause protected right of noncitizen to engage in construction work and noting that "the pursuit of a common calling is one of the most fundamental of those privileges protected by the Clause''); see also Piper, 470 U.S. 274 , 105 S.Ct. 1272 , 84 L.Ed.2d 205 (holding that New Hampshire policy which restricted practice of law by out-of-state residents violated Privileges and Immunities Clause); Toomer, 334 U.S. 385 , 68 S.Ct. 1156 , 92 L.Ed. 1460 (concl…
discussed
Cited "but see"
Lee v. Minner
Trades Council v. Mayor & Council of Camden, 465 U.S. 208, 219 , 104 S.Ct. 1020 , 79 L.Ed.2d 249 (1984) (holding that Privileges and Immunities Clause protected right of noncitizen to engage in construction work and noting that "the pursuit of a common calling is one of the most fundamental of those privileges protected by the Clause"); see also Piper, 470 U.S. 274 , 105 S.Ct. 1272 , 84 L.Ed.2d 205 (holding that New Hampshire policy which restricted practice of law by out-of-state residents violated Privileges and Immunities Clause); Toomer, 334 U.S. 385 , 68 S.Ct. 1156 , 92 L.Ed. 1460 (conclu…
discussed
Cited "see"
Bennett v. Calabrian Chemicals Corp.
“The particularized inquiry mandated by the ADA centers on substantial limitation of major life activities, not mere impairment.” Ivy, 192 F.3d at 516 (citing Sutton, 527 U.S. at 482 , 119 S.Ct. 2139 ); see Williams, 534 U.S. at 198 , 122 S.Ct. 681 (citing Kirkingburg, 527 U.S. at 565 , 119 S.Ct. 2162 ). *828 While “working” is considered by many courts to be a major life activity, working “ ‘does not necessarily mean working at a particular job of one’s choice.’ ” Bridges v. City of Bossier, 92 F.3d 329, 335 (5th Cir.1996), cert. denied, 519 U.S. 1093 , 117 S.Ct. 770 , 136 L…
cited
Cited "see"
Heiman v. United Parcel Service, Inc.
See Bolton v. Scrivner, Inc., 36 F.3d 939, 942 (10th Cir.1994) (relying on 29 C.F.R. § 1630.2 (i)), cert. denied, 513 U.S. 1152 , 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995).
discussed
Cited "see"
Williams v. Citifinancial Mortgage Co. (In Re Williams)
See In re Continental Airlines, 91 F.3d 553, 560 (3rd Cir.1996) (citing, inter alia, Manges v. Seattle-First Nat’l Bank (In re Manges), 29 F.3d 1034, 1038-39 (5th Cir.1994)) cert. denied 513 U.S. 1152 , 115 S.Ct. 1105 , 130 L.Ed.2d 1071 (1995). 12 .
cited
Cited "see"
Graves v. National Railroad Passenger Corp.
See Bolton v. Scrivner, Inc., 36 F.3d 939, 942 (10th Cir.1994), cert. denied, 513 U.S. 1152 , 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995).
cited
Cited "see"
Teresita Pack v. Kmart Corporation, a Michigan Corporation Steve Nicholas, an Individual, Equal Employment Opportunity Commission, Amicus Curiae
See Bolton v. Scrivner, Inc., 36 F.3d 939, 942 (10th Cir.1994) (quoting 42 U.S.C. § 12112 (a)), cert. denied, 513 U.S. 1152 , 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995).
discussed
Cited "see"
Matter of Berryman Products, Inc.
See Block Shim, 939 F.2d at 291 (in evaluating dismissal of a case as moot, the court "reviews factual findings of the district court using a clearly erroneous standard in light of the entire record.") 7 In re Manges, 29 F.3d 1034 , 1038-39 (5th Cir.1994), cert. denied, 513 U.S. 1152 , 115 S.Ct. 1105 , 130 L.Ed.2d 1071 (1995) 8 Id. at 1039; see also In re Andreuccetti, 975 F.2d 413, 418 (7th Cir.1992); In re Crystal Oil Co., 854 F.2d 79, 82 (5th Cir.1988); In re Roberts Farms, Inc., 652 F.2d 793 , 798 (9th Cir.1981) 9 Manges, 29 F.3d at 1039; Block Shim, 939 F.2d at 291 10 See In re Public Ser…
discussed
Cited "see"
Southwestern Bell Telephone Co. v. Long Shot Drilling, Inc. (In Re Long Shot Drilling, Inc.)
See In re Manges, 29 F.3d 1034 , 1041 (5th Cir.1994), cert. denied, 513 U.S. 1152 , 115 S.Ct. 1105 , 130 L.Ed.2d 1071 (1995) (citing Board of License Comm’rs v. Pastore, 469 U.S. 238 , 105 S.Ct. 685 , 83 L.Ed.2d 618 (1985)).
discussed
Cited "see"
Alfaro v. Vazquez (In Re Alfaro)
See Manges v. Seattle-First Nat'l Bank (In re Manges), 29 F.3d 1034 (5th Cir.1994), cert. denied, 513 U.S. 1152 , 115 S.Ct. 1105 , 130 L.Ed.2d 1071 (1995) (appellate review may be precluded on grounds of mootness).
cited
Cited "see"
Gonzales v. Sandoval County
See Bolton v. Scrivner, Inc., 36 F.3d 939, 944 (10th Cir.1994) (discussing ADEA), cert. denied, 513 U.S. 1152 , 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995).
cited
Cited "see"
Sutton v. United Air Lines, Inc.
See Bolton v. Scrivner, Inc., 36 F.3d 939, 942 (10th Cir.1994) (quoting 42 U.S.C. § 12112 (a)), cert. denied, 513 U.S. 1152 , 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995).
cited
Cited "see"
Richmond v. Oneok, Inc.
See Bolton v. Scrivner, Inc., 36 F.3d 939, 942 (10th Cir.1994), cert. denied, 513 U.S. 1152 , 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995).
discussed
Cited "see"
Piper v. Kimberly-Clark Corp.
(2×)
See Bolton v. Scrivner, Inc., 36 F.3d 939, 943 (10th Cir.1994), cert. denied, 513 U.S. 1152 , 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995). 6 The first three factors “should be considered” when determining whether an impairment substantially limits a major life activity, 29 C.F.R. § 1630.2 (j)(2), and the additional three factors “may be considered” when determining whether an impairment *571 substantially limits the major life activity of working.
discussed
Cited "see"
Kalekiristos v. CTS Hotel Management Corp.
The first three “should be considered” when determining whether an impairment “substantially limits” a major life activity: (i) The nature and severity of the impairment; (ii) The duration or expected duration of the impairment; and (iii) The permanent or long term impact, or the expected permanent or long term impact of or resulting from the impairment 29 C.F.R. § 1630.2 (j)(2); and the additional three factors “may be considered” when determining whether an impairment substantially limits the major life activity of working: (A) [t]he geographical area to which the individual has…
discussed
Cited "see"
Davoll v. Webb
See Bolton v. Scrivner, Inc., 36 F.3d 939, 944 (10th Cir.1994), cert. denied, - U.S. -, 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995); Welsh v. City of Tulsa, Okl., 977 F.2d 1415, 1417 (10th Cir.1992). 5 .
cited
Cited "see"
Garza v. Abbott Laboratories
See Bolton v. Scrivner, Inc., 36 F.3d 939, 942 (10th Cir.1994), cert. denied, — U.S. —, 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995).
discussed
Cited "see"
MacDonald v. Delta Air Lines, Inc.
See Bolton v. Scrivner, Inc., 36 F.3d 939, 942 (10th Cir.1994), cert. denied, - U.S. -, 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995). (i)“Regarded As” The regulations implementing the ADEA explain that a person is regarded as having an impairment that substantially limits a major life activity if he (1) Has a physical or mental impairment that does not substantially limit major life activities but is treated by a covered entity as constituting such limitation; (2) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others tow…
discussed
Cited "see"
Gallagher Corp. v. Massachusetts Mutual Life Insurance
See Reich v. Continental Casualty Co., 33 F.3d 754 (7th Cir.1994) ("¡The Court] considered] all the relevant considerations and adumbrate[ed] an unmistakable conclusion, [and] it would be reckless [for lower courts] to think the Court likely to adopt a contrary view in the future.”), cert. denied, — U.S. —, 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995). 9 .
cited
Cited "see"
Deghand v. Wal-Mart Stores, Inc.
See Bolton v. Scrivner Inc., 36 F.3d 939, 942 (10th Cir.1994), cert. denied, ___ U.S. ___, 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995).
discussed
Cited "see"
Corneveaux v. CUNA Mutual Insurance Group
McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-03 , 93 S.Ct. 1817, 1824-25 , 36 L.Ed.2d 668 (1973); see Bolton v. Scrivner, Inc., 36 F.3d 939, 944 (10th Cir.1994) (“ADEA claims are analyzed under the three-step framework outlined in McDonnell Douglas.”), cert. denied, — U.S.-, 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995).
discussed
Cited "see"
70 Fair empl.prac.cas. (Bna) 247, 67 Empl. Prac. Dec. P 43,940, 43 Fed. R. Evid. Serv. 1022 Mary Corneveaux, and Cross-Appellee v. Cuna Mutual Insurance Group, And
McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-03 , 93 S.Ct. 1817, 1824-25 , 36 L.Ed.2d 668 (1973); see Bolton v. Scrivner, Inc., 36 F.3d 939, 944 (10th Cir.1994) ("ADEA claims are analyzed under the three-step framework outlined in McDonnell Douglas."), cert. denied, --- U.S. ----, 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995).
cited
Cited "see"
Gudenkauf v. Stauffer Communications, Inc.
See Bolton v. Scrivner, 36 F.3d 939, 942 (10th Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995).
discussed
Cited "see"
Williams v. Avnet, Inc.
Accord Bolton v. *1133 Scrivner, Inc., 36 F.3d 939 (10th Cir.1994), cert. denied, —U.S.-, 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995) (9% permanent partial disability to right foot and 29% permanent partial disability to left foot, limiting standing, walking, and lifting, insufficient for ADA); Blanton v. Winston Printing Co., 868 F.Supp. 804 (M.D.N.C.1994) (inability to run and impairment in ascending or descending stairs, insufficient for ADA).
cited
Cited "see"
Dotson v. Electro-Wire Products, Inc.
See Bolton v. Scrivner, 36 F.3d 939, 942 (10th Cir.1994), cert. denied , — U.S. -, 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995).
cited
Cited "see"
Swanson v. Palm Beach County Board of County Commissioners
See Bolton v. Scrivner, Inc., 36 F.3d 939, 942 (10th Cir.1994), cert. denied, — U.S. —, 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995).
cited
Cited "see"
Matter Of: ALPHONSO SOLOMON, Debtor. ALPHONSO SOLOMON, JANET M SOLOMON v. ROBERT MILBANK, Trustee, ET AL
See Manges v. Seattle First National Bank (Matter of Manges), 29 F.3d 1034, 1038-39 (5th Cir. 1994), cert. denied, 513 U.S. 1152 , 115 S. Ct. 1105 , 130 L.
cited
Cited "see"
Matter Of: ALPHONSO SOLOMON, Debtor. ALPHONSO SOLOMON, JANET M SOLOMON v. ROBERT MILBANK, Trustee, ET AL
See Manges v. Seattle First National Bank (Matter of Manges), 29 F.3d 1034, 1038-39 (5th Cir. 1994), cert. denied, 513 U.S. 1152 , 115 S. Ct. 1105 , 130 L.
discussed
Cited "see, e.g."
Loeckle v. State Farm Automobile Insurance
Rather, a person claiming a disability must show that the impairment “significantly restrictfs] [his or her] ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities.” Id.; see also Bolton v. Scrivner, Inc., 36 F.3d 939, 942-44 (10th Cir.1994) (Bolton ) (work-related injury preventing employee from performing his job as order selector in grocery warehouse was not substantial limitation in major life activity of working, as required for unlawful discharge claim under ADA, absent e…
discussed
Cited "see, e.g."
Cynthia Thompson v. Holy Family Hospital, a Division of Dominican Health Services
See 29 C.F.R. § 1630.2 (j)(3)(ii); see also Bolton v. Scrivner, 36 F.3d 939, 944 (10th Cir.1994) (affirming summary judgment for the employer where the evidence did not address the plaintiffs “vocational training, the geographical area to which he has access, or the number and type of jobs demanding similar training from which [plaintiff] would also be disqualified”), cert. denied, 513 U.S. 1152 , 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995).
discussed
Cited "see, e.g."
Ingles v. Neiman Marcus Group
“Because the ADA expressly requires its provisions to be interpreted in a way that “prevents imposition of inconsistent or conflicting standards for the same requirements’ under the two statutes,” case law interpreting the Rehabilitation Act may be relied upon in actions brought under the ADA Id. (quoting 42 U.S.C. § 12117 (b)); see also Bolton v. Scrivner, Inc., 36 F.3d 939, 942-43 (10th Cir.1994), cert. denied, 513 U.S. 1152 , 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995) (citing 29 C.F.R, Part 1630 App., § 1630.2(g)); Chandler v. City of Dallas, 2 F.3d 1385 , 1391 n. 18 (5th Cir.1993),…
discussed
Cited "see, e.g."
Lowell v. International Business MacHines Corp.
See also Bolton v. Scrivner, Inc., 36 F.3d 939 (10th Cir.1994) (permanent partial disability in both feet, restricting ability to stand, walk or lift, did not establish substantial limitation on ability to work), cert. denied, — U.S. *305 -, 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995).
discussed
Cited "see, e.g."
Norris v. Allied-Sysco Food Services, Inc.
See also Bolton v. Scrivner, Inc., 36 F.3d 939, 942 (10th Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995); Dutton v. Johnson County Bd. of County Com'rs, 859 F.Supp. 498, 505 (D.Kan.1994).
discussed
Cited "see, e.g."
Gerdes v. Swift-Eckrich, Inc.
Rather, a person claiming a disability must show that the impairment “significantly restriet[s] [his or her] ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities.” Id.; see also Bolton v. Scrivner, Inc., 36 F.3d 939, 942-44 (10th Cir.1994) (Bolton) (work-related injury- preventing employee from performing his job as order selector in grocery warehouse was not substantial limitation in major life activity of working, as required for unlawful discharge claim under ADA, absent e…
discussed
Cited "see, e.g."
Sicard v. City of Sioux City
Rather, a person claiming a disability must show that the impairment “significantly restrict[s] [his or her] ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities.” Id.; see also Bolton v. Scrivner, Inc., 36 F.3d 939, 942-44 (10th Cir.1994) (Bolton) (work-related injury preventing employee from performing his job as order selector in grocery warehouse was not substantial limitation in major life activity of working, as required for unlawful discharge claim under ADA, absent ev…
discussed
Cited "see, e.g."
Valentine v. American Home Shield Corp.
Rather, a person claiming a disability must show that the impairment “significantly restrict[s] [his or her] ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities.” Id.; see also Bolton v. Scrivner, Inc., 36 F.3d 939, 942-44 (10th Cir.1994) (Bolton) (work-related injury preventing employee from performing his job as order selector in grocery warehouse was not substantial limitation in major life activity of working, as required for unlawful discharge claim under ADA, absent ev…
discussed
Cited "see, e.g."
TOR Husjord Shipping v. Port Isabel/San Benito Navigation District (In Re Burton Securities S.A.)
See, e.g., Manges v. Seattle-First Nat’l Bank (In re Manges), 29 F.3d 1034 (5th Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 1105 , 130 L.Ed.2d 1071 (1995); Ronit, Inc. v. Stemson Corp. (Matter of Block Shim Dev.
discussed
Cited "see, e.g."
Michael Aucutt v. Six Flags Over Mid-America, Inc., a Missouri Corporation in Good Standing, Equal Employment Advisory Council, Amicus Curiae
Rather, a person claiming a disability must show that the impairment “significantly restrict[s] [his or her] ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities.” Id; see also Bolton v. Scrivner, Inc., 36 F.3d 939, 942-44 (10th Cir.1994) (Bolton) (work-related injury preventing employee from performing his job as order selector in grocery warehouse was not substantial limitation in major life activity of working, as required for unlawful discharge claim under ADA, absent evi…
discussed
Cited "see, e.g."
Munoz v. H & M WHOLESALE, INC.
"Because the ADA expressly requires its provisions to be interpreted in a way that `prevents imposition of inconsistent or conflicting standards for the same requirements' under the two statutes," case law interpreting the Rehabilitation Act's "`otherwise qualified' requirement" may be relied upon "in determining whether [Munoz] was `qualified' under the ADA." Id. (quoting 29 U.S.C. § 12117 (b)); see also Bolton v. Scrivner, Inc., 36 F.3d 939, 942-43 (10th Cir.1994), cert. denied, ___ U.S. ___, 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995) (citing 29 C.F.R. § 1630 , App. 1630.2(g)); Chandler v. C…
discussed
Cited "see, e.g."
Terrell v. USAir, Inc.
Compare Bolton v. Scrivner, Inc., 36 F.3d 939, 944 (10th Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995) (affirming grant of summary judgment to employer where former employee with ADA claim did not come forward with evidence of whether plaintiff would be restricted from performing a class of jobs); Zatarain v. WDSU-Television, Inc., 881 F.Supp. 240, 244 (E.D.La.1995) (plaintiffs failed to establish disabled because evidence of limitation from performing a class of jobs “totally lacking”).
cited
Cited "see, e.g."
Howard v. Navistar International, Transportation Corp.
See also Bolton v. Scrivner, Inc., 36 F.3d 939, 942 (10th Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995).
discussed
Cited "see, e.g."
Shah v. Upjohn Co.
See also McKay v. Toyota Motor Mfg., U.S.A, Inc., 878 F.Supp. 1012, 1015 (E.D.Ky.1995) (summary judgment granted to defendant, where plaintiff, who suffered from carpal tunnel syndrome, failed to show that she was substantially limited in any major life activity) and Bolton v. Scrivner, Inc., 836 F.Supp. 783 (W.D.Okla.1993), aff'd, 36 F.3d 939, 944 (10th Cir.1994) (summary judgment properly granted to defendant where plaintiff failed to present evidence addressing factors in 29 C.F.R. § 1630.2 (j)(3)), cert. denied, — U.S. -, 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995).
discussed
Cited "see, e.g."
Farley v. Gibson Container, Inc.
He does not indicate, however, how this self-imposed lifting restriction “prevents [him] from performing an entire class of jobs,” Dutcher, 53 F.3d at 727 , for it must be remembered that the term “working” does not, as Farley would have it, “refer to working at a particular job, or at a job of one’s choice.” Aucutt, 869 F.Supp. at 744 ; see also Bolton v. Scrivner, Inc., 36 F.3d 939, 942 (10th Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995).
discussed
Cited "see, e.g."
Stephen N. Roth, M.D. v. Lutheran General Hospital, Jerome Kraut, M.D., Seymour Metrick, M.D.
See Byrne, 979 F.2d at 564 ; see also Bolton v. Scrivner Inc., 36 F.3d 939, 942 (10th Cir.1994), cert. denied, - U.S. -, 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995); Gupton v. Commonwealth of Virginia, 14 F.3d 203 , 205 n. 3 (4th Cir.), cert. denied, — U.S. -, 115 S.Ct. 59 , 130 L.Ed.2d 17 (1994); Cook v. Rhode Island, Dep't of Mental Health, Retardation, & Hosps., 10 F.3d 17, 26 (1st Cir.1993); Chandler v. City of Dallas, 2 F.3d 1385, 1392-93 (5th Cir.1993), cert. denied, — U.S. -, 114 S.Ct. 1386 , 128 L.Ed.2d 61 (1994); Maulding v. Sullivan, 961 F.2d 694, 698 (8th Cir.1992), cert. denied, -…
discussed
Cited "see, e.g."
Charlie Milton v. Scrivner, Inc., Gary Massey v. Scrivner, Inc.
“The term ‘disability’ means, with respect to an individual — (A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment.” 42 U.S.C. § 12102 (2); see also Bolton v. Scrivner, Inc., 36 F.3d 939, 942 (10th Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 1104 , 130 L.Ed.2d 1071 (1995).
Retrieving the full opinion text from the archive…
Bolton
v.
Scrivner, Inc.
v.
Scrivner, Inc.
No. 94-1103.
Supreme Court of the United States.
Feb 21, 1995.
Published
C. A. 10th Cir. Cer-tiorari denied.