Legal Opinion

Daigle v. Friendly Ice Cream Corp.

District Court, D. New Hampshire

Decided February 3, 1997No. Civil 96-225-SDPublishedCited by 17 opinions

1Opinion of the Court

ORDER

DEVINE, Senior District Judge.

This case brought under the Americans with Disabilities Act (ADA) arose from the eviction of plaintiff Richard Daigle from Friendly’s Restaurant, allegedly due to his disability. Before the court is the defendant’s motion to dismiss for lack of subject matter jurisdiction.

Facts

Plaintiff claims the following facts. On May 4, 1993, he was inside the Friendly’s Restaurant and had just received a drink when the manager approached him and stated that he was no longer welcome in any Friendly’s Restaurant. The plaintiff voluntarily left.

Some time later, plaintiff…

2Cases cited7 opinions

  1. Celia SANCHEZ, Plaintiff-Appellant, v. STANDARD BRANDS, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1970
  2. Carparts Distribution Center, Inc. v. Automotive Wholesaler's Association of New England, Inc.Court of Appeals for the First Circuit · 1994
  3. Bruce Crawford v. United StatesCourt of Appeals for the Seventh Circuit · 1986
  4. Forrest Gene English v. William J. CowellCourt of Appeals for the Seventh Circuit · 1993
  5. Neely v. United StatesUnited States Court of Claims · 1961

2 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Botosan v. Paul McNally RealtyCourt of Appeals for the Ninth Circuit · 2000
  2. Parr v. L & L Drive-Inn RestaurantDistrict Court, D. Hawaii · 2000
  3. Botosan v. FitzhughDistrict Court, S.D. California · 1998
  4. Hill v. Shell Oil Co.District Court, N.D. Illinois · 1999
  5. Medina-Rodriguez v. Fernandez Bakery, Inc.District Court, D. Puerto Rico · 2017

12 more not listed; retrieve them via the Exa API.

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