green
Positive treatment
10.5 score
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999
2012
2026
Top citers, strongest first. 24 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Wanda K. Taylor v. Nimock's Oil Co.
(2×)
also: Cited "see"
In Weber, we noted that the employee could not walk long distances or climb stairs without becoming fatigued and was subject to certain dietary restrictions, but held that “these moderate limitations on major life activities do not suffice to constitute a ‘disability’ under the ADA.” See id. at 914.
discussed
Cited "see"
Charles E. Wood v. Crown Redi-Mix, Inc.
(2×)
See Weber v. Strippit, Inc., 186 F.3d 907, 912-13 (8th Cir.1999) (walking) (quoting 29 C.F.R. § 1630.2 (i)), cert. denied, *685 528 U.S. 1078 , 120 S.Ct. 794 , 145 L.Ed.2d 670 (2000); Fjellestad v. Pizza Hut of Am., Inc., 188 F.3d 944, 948 (8th Cir.1999) (standing, lifting, and working); Dropinski, 298 F.3d at 707 n. 2 (bending and twisting); see also Bragdon v. Abbott, 524 U.S. 624, 638-39 , 118 S.Ct. 2196 , 141 L.Ed.2d 540 (1998) (concluding procreation is major life activity in public accommodation case). 3 .
discussed
Cited "see"
Daniels v. State
(2×)
See Weber v. Strippit, Inc., 186 F.3d 907, 911 (8th Cir. 1999), cert. denied, 528 U.S. 1078 , 120 S.Ct. 794 , 145 L.Ed.2d 670 (2000); United States v. Cresta, 825 F.2d 538, 545 (1st Cir.1987); State v. Taylor, 142 N.H. 6 , 694 A.2d 977 (1997); Baxter v. United States, 640 A.2d 714 (D.C.1994).
discussed
Cited "see"
Williams v. Philadelphia Housing Authority
(2×)
See Weber v. Strippit, Inc., 186 F.3d 907, 916-17 (8th Cir. 1999), cert. denied, 528 U.S. 1078 , 120 S.Ct. 794 , 145 L.Ed.2d 670 (2000); Workman v. Frito-Lay, Inc., 165 F.3d 460, 467 (6th Cir.1999); Newberry v. E.
discussed
Cited "see"
Willard Buskirk v. Apollo Metals Pma Insurance Group
(2×)
See Weber v. Strippit, Inc., 186 F.3d 907, 916-17 (8th Cir.1999), cert. denied, 528 U.S. 1078 , 120 S.Ct. 794 , 145 L.Ed.2d 670 (2000); Workman v. Frito-Lay, Inc., 165 F.3d 460, 467 (6th Cir.1999); Newberry v. E.
discussed
Cited "see"
Stalhut v. City of Lincoln
(2×)
See Weber v. Strippit, Inc., 186 F.3d 907, 911 (8th Cir.1999), ce rt. denied, 528 U.S. 1078 , 120 S.Ct. 794 , 145 L.Ed.2d 670 (2000).
discussed
Cited "see"
Linda S. Cooper v. Olin Corporation, Winchester Division
(2×)
See Weber v. Strip- *1089 pit, Inc., 186 F.3d 907, 914 (8th Cir.1999) (describing moderate limitation as insufficient), ce rt. denied, 528 U.S. 1078 , 120 S.Ct. 794 , 145 L.Ed.2d 670 (2000).
cited
Cited "see"
Linda S. Cooper v. Olin Corp.
See Weber v. Strippit, Inc., 186 F.3d 907, 914 (8th Cir. 1999) (describing moderate limitation as insufficient), cert. denied, 120 S. Ct. 794 (2000).
cited
Cited "see"
Michael D. Maziarka v. Mills Fleet Farm
See Weber v. Strippit, Inc., 186 F.3d 907, 914 (8th Cir. 1999) (discussion of moderate limitation), cert. denied, 120 S. Ct. 794 (2000).
discussed
Cited "see"
Michael D. Maziarka v. Mills Fleet Farm, Inc.
(2×)
See Weber v. Strippit, Inc., 186 F.3d 907, 914 (8th Cir.1999) (discussion of moderate limitation), cert. denied, 528 U.S. 1078 , 120 S.Ct. 794 , 145 L.Ed.2d 670 (2000).
discussed
Cited "see"
Hook v. Georgia-Gulf Corp.
(2×)
See Weber v. Strippit, Inc., 186 F.3d 907, 913 (8th Cir.1999), citing 29 C.F.R. § 1630.2 (j)(1) and (2), cert. denied, 528 U.S. 1078 , 120 S.Ct. 794 , 145 L.Ed.2d 670 (2000); also see Sevigny v. Maine Education Assn.-National Education Assn., 1999 WL 1995208 (D.Me. 1999).
discussed
Cited "see"
Wanda K. Taylor v. Nimock's Oil Co., an Arkansas Corporation
(2×)
See Weber v. Strippit, Inc., 186 F.3d 907, 913 (8th Cir.1999), cert. denied, — U.S. -, 120 S.Ct. 794 , 145 L.Ed.2d 670 (2000).
discussed
Cited "see"
Edward Streifel v. Dakota Boys Ranch
See Weber v. Strippit, Inc., 186 F.3d 907, 914 (8th Cir. 1999) (moderate limitations on major life activities, such as difficulty walking long distances or climbing stairs without getting fatigued, do not suffice to constitute “disability” under ADA), cert. denied, 120 S. Ct. 794 (2000).
discussed
Cited "see, e.g."
Willie B. Smith, III v. Commissioner, Alabama Department of Corrections
(2×)
See, e.g ., Weber v. Strippit, Inc. , 186 F.3d 907 , 911 (8th Cir. 1999), cert. denied , 528 U.S. 1078 , 120 S.Ct. 794 , 145 L.Ed.2d 670 (2000). 15 In United States v. Horsley , we held that a prosecutor's statement that "I've just got a feeling about [the juror]" was too vague to rebut a prima facie case of discrimination. 864 F.2d at 1544 .
discussed
Cited "see, e.g."
Betts v. Rector & Visitors of the University of Virginia
(2×)
Compare Weber v. Strippit, Inc., 186 F.3d 907, 916-17 (8th Cir.1999), cert. denied, 528 U.S. 794 , 120 S.Ct. 794 , 145 L.Ed.2d 670 (2000) and Shannon v. New York City Transit Auth., 332 F.3d 95 , 104 n. 3 (2d Cir.2003) (“It is not at all clear that a reasonable accommodation can ever be required in a ‘regarded as’ case (such as this one) in which it is undisputed that the plaintiff was not, in fact, disabled.”) with Katz v. City Metal Co., 87 F.3d 26, 33-34 (1st Cir.1996) (stating that “Katz established that City Metal regarded him as having an impairment constituting a disability un…
discussed
Cited "see, e.g."
Shannon v. New York City Transit Authority
(2×)
See also Reeves v. Johnson Controls World Servs., Inc., 140 F.3d 144, 155 (2d Cir.1998) ("Regardless of the [fact that the] legislative history of the [NYSHRL]... indicat[es] that the statutory definition of disability was intended to be coextensive with that of the federal disability statutes, we are bound by the construction of the statute propounded by the state's highest court."). 3 It is not at all clear that a reasonable accommodation can ever be required in a "regarded as" case (such as this one) in which it is undisputed that the plaintiff was not, in fact, disabled See, e.g., Weber v.…
discussed
Cited "see, e.g."
Shannon v. New York City Transit Authority
(2×)
See, e.g., Weber v. Strippit, Inc., 186 F.3d 907, 917 (8th Cir.1999) (holding that "regarded as” disabled employees are not entitled to reasonable accommodations under the ADA), cert. denied, 528 U.S. 1078 , 120 S.Ct. 794 , 145 L.Ed.2d 670 (2000).
discussed
Cited "see, e.g."
Sussle v. Sirina Protection Systems Corp.
(2×)
Stewart v. Weast (D.Md.2002) 228 F.Supp.2d 660, 662 ; see also Weber v. Strippit (8th Cir. 1999) 186 F.3d 907, 914 , cert. denied (2000) 528 U.S. 1078 , 120 S.Ct. 794 , 145 L.Ed.2d 670 (a plaintiff who had “difficulty walking long distances or climbing stairs without getting fatigued” suffered from only “moderate limitations on major life activities [which] d[id] not suffice to constitute a ‘disability’ under the ADA”); Kelly v. Drexel University (3d Cir.1996) 94 F.3d 102, 106-108 (a plaintiff who could not walk long distances and had trouble climbing stairs was not substantially l…
discussed
Cited "see, e.g."
Lawson, John v. CSX Transportation
See, e.g., Weber v. Strippit, 186 F.3d 907, 914 (8th Cir. 1999) (unspecified "dietary restrictions" prescribed for treatment of heart disease were "moderate limitation[ ]" on eating), cert. denied, 120 S. Ct. 794 (2000); Land, 164 F.3d at 425 (child with peanut allergy was not substantially limited in eating because allergy impacted "her life only ’a little bit’" and only prohibited her from eating foods containing peanuts or their derivatives); Shields v. Robinson-Van Vuren Assocs., Inc., No. 98CIV8785DLC, 2000 WL 565191 , at *2-5 (S.D.N.Y.
examined
Cited "see, e.g."
John Lawson, Sr. v. Csx Transportation, Incorporated
(3×)
See, e.g., Weber v. Strippit, 186 F.3d 907, 914 (8th Cir. 1999) (unspecified "dietary restrictions" prescribed for treatment of heart disease were "moderate limitation[ ]" on eating), cert. denied, 120 S. Ct. 794 (2000); Land, 164 F.3d at 425 (child with peanut allergy was not substantially limited in eating because allergy impacted "her life only 'a little bit'" and only prohibited her from eating foods containing peanuts or their derivatives); Shields v. Robinson-Van Vuren Assocs., Inc., No. 98CIV8785DLC, 2000 WL 565191 , at *2-5 (S.D.N.Y.
discussed
Cited "see, e.g."
Kurdyla v. Pinkerton Security
See, e.g., Beverly Enters., Inc. v. Trump, 182 F.3d 183 , 190 n. 3 (1999), cert. denied, 528 U.S. 1078 , 120 S.Ct. 795 , 145 L.Ed.2d 670 (2000); Childs v. Meadowlands Basketball Assocs., 954 F.Supp. 994, 997 (D.N.J.1997) (citing Pension Benefit Guar.
discussed
Cited "see, e.g."
Alfred F. Marinelli v. City of Erie, Pennsylvania
Colwell v. Suffolk County Police Dep't, 158 F.3d 635, 643 (2d Cir. 1998); see also Weber v. Strippit, Inc., 186 F.3d 907, 914 (8th Cir. 1999), cert. denied, 120 S. Ct. 794 (2000) (holding that shoveling snow, gardening, and mowing the lawn were not major life activities). 36 With respect to his ability to clean, Marinelli testified as follows: 37 Everything changed.
discussed
Cited "see, e.g."
Marinelli v. City of Erie
(2×)
Colwell v. Suffolk County Police Dep’t, 158 F.3d 635, 643 (2d Cir.1998); see also Weber v. Strippit, Inc., 186 F.3d 907, 914 (8th Cir.1999), cert. denied, — U.S. -, 120 S.Ct. 794 , 145 L.Ed.2d 670 (2000) (holding that shoveling snow, gardening, and mowing the lawn were not major life activities).
discussed
Cited "see, e.g."
Lawson v. CSX Transportation, Inc.
(2×)
A diabetic whose illness does not impair his or her daily activities would therefore be considered disabled simply because he or she has diabetes.” Id.; see also Weber v. Strippit, Inc., 186 F.3d 907, 913 (8th Cir.1999), cert. denied, — U.S. -, 120 S.Ct. 794 , 145 L.Ed.2d 670 (1999) (noting that plaintiff was confusing the terms ‘impairment’ ‘major life activity’ and ‘disability’ by trying to treat “having a fully functioning cardiovascular system” as a disability under the ADA and holding that it is properly considered an impairment not a disability); Gilday v. Mecosta Cou…
Retrieving the full opinion text from the archive…
Central Maine Power Co.
v.
Maine Public Utilities Commission
v.
Maine Public Utilities Commission
No. 99-728.
Supreme Court of the United States.
Jan 10, 2000.
Published
Sup. Jud. Ct. Me. Certiorari denied.