Two cases interpret the Americans with Disabilities Act
Two US district courts considered the availability of Americans with Disabilities Act (ADA) remedies on two motions to dismiss filed by employers. In Sawinski v. Bill Curry Ford, Inc., the plaintiff stated an ADA claim because he had established employment before termination and a physical impairment. In Foote v. Folks, Inc., the court rejected both ADA and ERISA discrimination claims because the plaintiff did not have standing as the ex-wife of the employee. The court in Foote believed that the ADA was only intended to protect employees and job applicants.
Publication Name: Tax Management Compensation Planning Journal
Derivative actions by policyholders on behalf of mutual insurance companies
Courts should explicitly recognize the rights of policyholders to sue mutual insurance companies derivatively to compel proper use of assets and adherence to management duties. The ownership structure of mutual companies makes the right to sue derivatively unclear, and courts that have allowed such suits have not directly addressed standing issues. Enforcement of managerial duties and protection of financial interests can be better accomplished by policyholders because state insurance regulators are underfunded and cannot sue solvent companies derivatively.
Publication Name: University of Chicago Law Review
Expressive harm and standing
The Supreme Court has not treated nonmaterial injuries such as "expressive" injuries in a coherent manner with respect to standing. Expressive harms confer standing where it can be shown that certain individuals are uniquely affected by expressive injuries, based on objective, impersonal judgments, even though such injuries are direct, personal and almost subjective. The Court could arrive at a clearer, more coherent standing doctrine by recognizing excessive harms as a doctrinal category and by applying existing doctrinal tools.
Publication Name: Harvard Law Review
- Abstracts: Privatization, political insurrection and corporate welfare. Moving people from welfare rolls to payrolls
- Abstracts: Federal jury instructions and the consequences of a successful insanity defense. Informed conviction: instructing the jury about mandatory sentencing consequences
- Abstracts: Cracking down on teens and taxi cabs; saying it wants to protect shoppers, mall managers incur wrath of kids and cabbies
- Abstracts: The reasonable accommodation process in unionized environments. Delivering transformative mediation to every zip code
- Abstracts: Protecting the innocent: a key rule of insurance coverage takes a wild ride in the courts. The innocent-spouse rule; measure can protect client from unfair tax burden