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· 1/5/1942

Gillespie v. Yell County

Citations

  • 124 F.2d 632
  • 1942 U.S. App. LEXIS 4544

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that under the Unruh Act, “proof of actual damages is not a prerequisite to recovery of statutory minimum damages”
  • holding that “The express terms of the ADA hold a landlord liable for noncompliance” and that “a landlord has an independent obligation to comply with the ADA that may not be eliminated by contract”
  • explaining that “[t]he 16 statute lists actual damages and statutory damages as two separate categories of damages that a 17 plaintiff may recover”
  • noting that a DOJ technical assistance manual was cited along with other 17 evidence to support the plain meaning of the regulation
  • explaining “[t]he 10 statute lists actual damages and statutory damages as two separate categories of damages that a 11 plaintiff may recover”
  • “The incorporation of one statutory provision to the exclusion of another must be presumed intentional under the statutory canon of expressio unius.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gardner, Sanborn, Woodpough, Woodrough

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.