Implied causes of action under federal statutes: the Air Carriers Access Act of 1986

Article Abstract:

The Air Carriers Access Act of 1986, which prohibits discrimination against the handicapped, should be interpreted to imply private cause of action and damages for emotional distress, but not punitive damages. The more stringent implication test established in Transamerica Mortgage Advisors Inc v Lewis should be applied rather than Cort v Ash. Under the Transamerica test, both statutory language and enactment circumstances support the implied private cause of action. The case of Guardians Assn v Civil Service Commission, NYC, supports the award of damages for emotional distress but not punitive damages.

Civil aviation, Right of action

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Precedents construing statutes administered by federal agencies after the Chevron decision: what gives?

Article Abstract:

The US Supreme Court decision in Chevron v Natural Resources Defense Council created a conflict between deference to administrative agencies' interpretation of statutes which they administer and the doctrine of stare decisis, since many court precedents from before the Chevron decision conflict with agency interpretations. The pre-Chevron decisions are best regarded as informative rather than binding in recognition of the changes in statutory construction instituted by the Chevron decision.

Analysis, Interpretation and construction, Law, Powers and duties, Administrative agencies, Government agencies, Stare decisis

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Does Title III of the Americans with Disabilities Act regulate insurance?

Article Abstract:

Federal courts should not interpret Title III of the Americans with Disabilities Act (ADA) to require the insurance industry to conform its policies to the ADA. Courts have disagreed on how to apply Title III to the insurance industry. Applying the ADA to insurance might serve the act's overall goal of promoting equality for the disabled, but it would also drive up health care costs and have other undesirable consequences.

United States, Discrimination in insurance, Insurance discrimination

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