The Record
What is the name of Sprout’s sustainability program?
Green Eats. Compl. ¶ 22.
What is the name for the party that files the appeal?
Appellant
What punctuation marks must go inside the close quotation mark?
Period and commas. ALWD Rule 38.4(b)(2).
What standard of review will the Fourth Circuit use in deciding whether a district court properly granted a motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c)?
De novo. Drager v. PLIVA USA, Inc., 741 F.3d 470, 474 (4th Cir. 2014).
When was the ADA enacted?
1990
What percentage of customers participate in Sprout’s sustainability program?
Less than one percent ¶ 22.
Is it appropriate to write that a court “asserted” something about the law?
No
What does “U.S.C.” stand for?
United States Code. ALWD Rule 14.
What standard do courts use in deciding whether to grant a motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c)?
Which section of the ADA uses the phrase “place of public accommodation”?
42 U.S.C. § 12182(a)
Defendants admit that they do not have a formal “Web Accessibility Committee,” but instead have a [???].
“[C]ross-functional team that addresses any website accessibility issues that arise” and a “third-party vendor, UsableNet, responsible for the Sprout site’s accessibility.” Answer ¶ 41
When using the phrase “the Court,” when is it appropriate to capitalize “Court”?
Referring to the court you’re appearing before or referring to the highest court
When do you have to use a block quotation?
50 or more words. ALWD Rule 38.4(b)(1).
What is the standard of review on appeal for questions of law?
De novo. AAP Table 5-C.
What word does the regulation use to define a place of public accommodation: Place of public accommodation means a [???] operated by a private entity whose operations affect commerce and fall within at least one of the following categories.
Facility. 28 C.F.R. § 36.104.
Plaintiff uses the terms “blind” or “visually-impaired” to refer to all people with visual impairments who meet the legal definition of blindness, which refers to people with a visual acuity with correction of less than or equal to X by X?
20 x 200. Compl. ¶ 1 n. 1.
When referring to a court’s conclusion, when can you use “found”?
Conclusion about the facts
What do the numbers and abbreviations in this part of a case citation refer to: 531 F.2d 196?
The reporter volume number; the reporter abbreviation (Federal Reporter, 2d series); and the first page of the case in the reporter. ALWD Rule 12.
Which standard of review on appeal is more deferential: clearly erroneous or abuse of discretion?
Clearly erroneous. AAP Table 5-C.
Which appellate court was the first to use the word “nexus” in a Title III case?
Parker v. Metro. Life Ins. Co., 121 F.3d 1006, 1010, 1011 (6th Cir. 1997)
What "two paths" did the district court articulate in its order granting Sprout’s motion for judgment on the pleadings?
“[E]liminate their drop-off option for local customers or overhaul their website.” Order at 1.
Name and spell one of the two canons of statutory construction we’ve talked most about in class.
How do you cite Dictionary.com’s definition of “place”?
Place, Dictionary.com, https://www.dictionary.com/browse/place (last visited Mar. 1, 2022). ALWD Rule 22.1(b).
What standard of review does an appellate court use in deciding whether an agency properly decided a question of fact?
Arbitrary and capricious. AAP Table 5-C.
What three elements must a plaintiff allege to state a claim under Title III?
(1) The plaintiff is disabled within the meaning of the ADA, (2) the defendant owns, leases, or operates a public accommodation, and (3) the defendant discriminated against the plaintiff by denying the plaintiff a full and equal opportunity to enjoy the services the defendant provides. Nat’l Fed’n of the Blind v. Scribd Inc., 97 F. Supp. 3d 565, 567 (D. Vt. 2015).