Legal Opinion

Magee v. Coca-Cola Refreshments USA, Inc.

District Court, E.D. Louisiana

Decided October 30, 2015No. Civil Action No. 15-1939PublishedCited by 1 opinion

1Opinion of the Court

ORDER AND REASONS

JAY C. ZAINEY, District Judge.

Before the Court is a Motion to Dismiss for Failure to State a Claim (Rec. Doc. 5) filed by Defendant, Coca-Cola Refreshments USA, Inc. Plaintiff, Emmett Magee, opposes the motion. The motion, submitted to the Court on September 9, 2015, is before the Court on the briefs without oral argument.

Plaintiff is legally blind. Plaintiffs complaint alleges that Defendant’s latest generation of vending machine, the Glass Front Vendor (“GFV”), is inaccessible to the visually impaired. (Rec. Doc. 1 ¶ 28). The GFV does not display the availability of the…

2Cases cited9 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Scheuer v. RhodesSupreme Court of the United States · 1974
  4. Tellabs, Inc. v. Makor Issues & Rights, Ltd.Supreme Court of the United States · 2007
  5. Lormand v. US Unwired, Inc.Court of Appeals for the Fifth Circuit · 2009

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3Cited by1 opinion

  1. Emmett Magee v. Coca-Cola Refreshments USA IncCourt of Appeals for the Fifth Circuit · 2016

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