Statutory interpretation - Americans with Disabilities Act - Tenth Circuit holds that courts should consider mitigating measures in evaluating disability
Article Abstract:
The US 10th Circuit Court of Appeals in Sutton v. United Air Lines disregarded EEOC guidance in holding that visual impairments correctable with eye glasses or contact lenses is not a disability under the Americans with Disabilities Act (ADA). It found that correctable impairments are not substantial limitations on the major life activity of seeing and will remove what would otherwise be a disability from that category. The court incorrectly interpreted the ADA and the EEOC interpretations which more clearly reflect congressional intent.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1998
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Federal civil procedure - choice of law - D.C. Circuit applies forum choice-of-law rules in Edge Act suit - A.I. Trade Finance, Inc. v. Petra International Banking Corp
Article Abstract:
The D.C. Circuit Court should not have used a blanket rule in its 1995 A.I. Trade Finance decision to hold forum state choice-of-law rules applicable in Edge Act cases. Instead, the Court should have looked to the congressional intent behind the Edge Act and U.S.C. s. 632 jurisdiction, which is a desire for uniform administration of international commercial law. The D.C. Circuit realized the problems in the categorical rule employed by its sister courts, but its own rule was equally flawed.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1996
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- Abstracts: Court holds infertility not a disability under ADA. Eighth Circuit addresses definition of "significant gap" in coverage triggering termination of COBRA rights
- Abstracts: Copyright - phonorecords - Ninth Circuit holds that phonorecord sales "publish" the underlying musical composition. - La Cienega Music Co. v. ZZ Top
- Abstracts: Criminal procedure - search and seizure - Tenth Circuit finds that thermal imaging scan of a home constitutes a search. - United States v. Cusumano, 67 F.3d 1497 (10th Cir. 1995)