· 5/6/2002
Kelly N. Pryor Warren E. Spivey, Jr., Individually and on Behalf of All Others Similarly Situated v. National Collegiate Athletic Association
Citations
- 288 F.3d 548
- 13 Am. Disabilities Cas. (BNA) 7
- 2002 U.S. App. LEXIS 8745
- 2002 WL 913853
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that allegations that a collegiate athletic association engaged in purposeful race discrimination when it adopted a rule establishing scholarship and athletic eligibility criteria for incoming student athletes stated a claim under Section 1981
- observing that constitutional standing requires the pleading to show, among other things, that the plaintiff sustained a legally recognized injury
- stating that “issues involving state of mind (e.g., intent) are often unsuitable for a Rule 12(b)(6) motion to dismiss”
- noting that in evaluating whether a dismissal is proper, a court must accept all the factual allegations of the complaint as true
- noting that 12(b)(6) dismissals of section 601 claims are rarely upheld on appeal
- explaining that a court may rely on documents attached to an opposition to a motion to dismiss if they are referred to in the plaintiff's complaint and are central to the claim
Source: CourtListener parenthetical corpus (CC0).
Judges: Sloviter, Fuentes, Michel
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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