Medical monitoring: will Buckley have an effect?

Article Abstract:

The Supreme Court, in Metro-North Commuter Railroad v. Buckley, has expressed concern about granting recovery of medical surveillance costs by plaintiffs who were exposed to toxic substances, but who have experienced no physical injury from exposure. Many state and federal courts have approved the recovery of medical surveillance costs by such plaintiffs. The Court seemed concerned that tens of millions of people have been exposed to substances which might require medical monitoring, and that a new tort law cause of action allowing the recovery of lump-sum damages would be created.

Employer liability, Medical examination, Periodic health examinations

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The Americans with Disabilities Act and state workers' compensation laws in the hands of the courts

Article Abstract:

The authors analyze a number of court cases involving the Americans with Disabilities Act and state workers' compensation laws. Topics include court rulings that the ADA is not an exclusive remedy and that the law cannot be applied retroactively.

Capacity and disability

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