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This estoppel has got to stop: judicial estoppel and the Americans with Disabilities Act

Article Abstract:

Courts that have applied judicial estoppel to bar employment discrimination claims under the Americans with Disabilities Act (ADA) based on past statutory income support have erred by determining disability as a matter of law and not as a factual matter. People with disabilities often have to seek assistance from federal and state income support programs, but holding participation in such programs against people with disabilities is inconsistent with the policies that underly the ADA. ADA employment claims should be based on whether the plaintiff can do the job with reasonable accommodations.

Discrimination against disabled persons, Handicapped discrimination

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Antisuit injunctions and preclusion against absent nonresident class members

Article Abstract:

Phillips Petroleum Co. v. Shutts requires adequate representation to establish personal jurisdiction over nonresident class members. Class' members' failure to opt out of a class action drives the ruling's "implied consent" rationale, and this failure, and antisuit injunctions against nonresident class members use this failure as a basis. Only still allowing nonresident class members to challenge, on due process grounds, otherwise preclusive judgments against them in a forum of their own choosing can assure adequate representation.

Class actions (Civil procedure), Class action lawsuits, Antitrust law

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The benefits of applying issue preclusion to interlocutory judgments in cases that settle

Article Abstract:

The author proposes the expansion of issue preclusion, or collateral estoppel, to cover interlocutory judgments in cases that result in settlement. The potential impact of the expanded rule on judicial integrity and fairness to the parties is assessed.

United States, Compromise and settlement, Settlements (Law), Interlocutory decisions

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