• Chabner v. United of Omaha

    Ninth Circuit Court Finds That Differential Life Insurance Rate Not Connected to Actual Risk Calculation for Disabled Person Violates ADA and State Laws

    by admin
    January 01, 1970
  • U.S. Airways, Inc. v. Barnett

    Proposed Accommodation of Employee's Disability Is Normally Rendered Unreasonable If the Accommodation Would Violate a Seniority System's Rules

    by admin
    January 01, 1970
  • Croll v. Croll

    Second Circuit Court Holds That Right to Access Under Hague Convention Does Not Constitute Right to Custody, This U.S. Court Had No Jurisdiction to Order Return of Child

    by admin
    January 01, 1970
  • Johnson v. West Suburban Bank

    Third Circuit Court Holds that TILA and EFTA Suits Brought for Multiple Plaintiffs are not Exempted from Arbitration Clauses

    by admin
    January 01, 1970
  • Walker v. O’Brien

    Seventh Circuit Court Holds That 'Fee Payment Rule' of PLRA Doesn't Apply to Any Requests for Federal Collateral Relief

    by admin
    January 01, 1970
  • Dormeyer v. Comerica Bank-Illinois

    Seventh Circuit Court Declines to Use Employer's Silence as Justification Under FMLA for Pregnancy-Related Absenteeism

    by admin
    January 01, 1970
  • Reynolds v. MaineGeneral Health

    EMTALA Doesn’t Increase Responsibility of Hospital to Screen for Risks Aggravated by an Emergency Medical Condition

    by admin
    January 01, 1970
  • Newman v. Apfel

    Ninth Circuit Upholds Regulation That Allows Two-Month Delay in Supplemental Security Income Benefit Adjustments

    by admin
    January 01, 1970
  • Fornalik v. Perryman

    Seventh Circuit Court Finds That Abused Dependent Exception can Override Technical Requirements for Permanent Residency Application

    by admin
    January 01, 1970
  • Rozman v. City of Columbia Heights

    Eighth Circuit Court Holds that City Ordinance Compelling Landlords to Notify Tenants of Inspections Does Not Violate Due Process

    by admin
    January 01, 1970
  • Birmingham v. Omaha Sch. Dist.

    Eighth Circuit Holds that Disabled 18 Year-Old's Early Graduation without Parents' Knowledge Violates IDEA

    by admin
    January 01, 1970
  • Gilmore v. Cal.

    Ninth Circuit Court Finds PLRA Provisions Requiring Termination of Prospective Relief in Prison Conditions Cases to be Unconstitutional

    by admin
    January 01, 1970
  • Cunningham v. Apfel

    Eighth Circuit Court Reviews Record and Overturns ALJ’s Finding that Person was not Disabled

    by admin
    January 01, 1970
  • Otting v. J.C. Penney Co.

    Eighth Circuit Court Upholds Finding that Epilepsy is a Disability for Purposes of the Americans With Disabilities Act (ADA)

    by admin
    January 01, 1970
  • Lavia v. Commonwealth of Penn.

    Third Circuit Court Holds that Title I of the ADA is Barred by the Eleventh Amendment from Operating Against States

    by admin
    January 01, 1970
  • Lake v. Reno

    Second Circuit Court Finds That Requirement of Legitimation for Fathers Only Breaches Equal Protection Clause

    by admin
    January 01, 1970
  • J.D. v. Pawlet Sch. Dist.

    Second Circuit Court Holds That Student with Psychological Disability did not Suffer Adverse Effect in Being Denied IDEA Funds and was not Discriminated Against

    by admin
    January 01, 1970
  • Joel A. v. Giuliani

    Second Circuit Court Holds that Disctrict Court did not Abuse Discretion in Approving Settlement with Foster Children Imposing Broad Restrictions on Access to Courts

    by admin
    January 01, 1970
  • Colon v. Howard

    Second Circuit Court Holds that 305 Days’ Confinement in Segregated Housing Unit was Atypical and Imposed Severe Hardship, thus Due Process was Expected

    by admin
    January 01, 1970
  • Charles W. v. Maul

    Second Circuit Court Holds that State Remains Immune from Suit for Temporary Remand for Psychiatric Assessment Without Due Process

    by admin
    January 01, 1970
  • M.C. v. Voluntown Bd. of Educ.

    Second Circuit Court Holds that District Court did not give Due Weight to Adequacy of IEP Plan for Disabled Student, Also Parents’ Unilateral use of Counseling was not Reimbursable

    by admin
    January 01, 1970
  • Bines v. Kulaylat

    Third Circuit Court Declines to Hear Interlocutory Good Faith Claim by Prison Doctor

    by admin
    January 01, 1970
  • Sykes v. Apfel

    Third Circuit Court Finds that Social Security Commissioner Incorrectly Relied Solely on Medical-Vocational Grids to Establish Presence of Jobs in National Economy

    by admin
    January 01, 1970
  • Wilson v. Quadramed Corp.

    Discussing Collection Notices, Third Circuit Court Holds that the Phrase “Avoid Further Action” does not Amount to a Threat

    by admin
    January 01, 1970
  • Morales v. Apfel

    Third Circuit Court Finds that ALJ Improperly Rejected Medical Testimony for Disability Claim

    by admin
    January 01, 1970
  • Maio v. Aetna

    Third Circuit Court Dismisses Class Action RICO Claim Against Health Insurance Provider Because no Injury was Asserted

    by admin
    January 01, 1970
  • In re Paoli Railroad Yard

    Third Circuit Court Discusses Matters Relevant in Making Award of Costs

    by admin
    January 01, 1970
  • Burnett v. Commissioner of SSA

    Third Circuit Court Finds That ALJ Improperly Overlooked Relevant Evidence and also Used Improper Notions of Past Work and Ability to Perform Available Work

    by admin
    January 01, 1970
  • In re Tamecki

    Third Circuit Court Upholds Finding that Assets Jointly Held With Former Spouse are a Bar to Good Faith in Bankruptcy Filing

    by admin
    January 01, 1970
  • In re C.M.

    Hearing Officer Determines 11-Year-Old not to be in Position of Responsibility Required to be Classified as a Child Abuser

    by admin
    January 01, 1970
  • Neinast v. Tx.

    Fifth Circuit Court Finds Fee for Handicapped Placards, Contravening ADA, is not Actionable due to Eleventh Amendment

    by admin
    January 01, 1970
  • Bigelow v. United Healthcare of Miss.

    Fifth Circuit Court Finds that Employee who was not Notified of Health Plan Time Limit by Government Employer was still not Entitled to Relief

    by admin
    January 01, 1970
  • Louisiana Acorn Fair Housing v. Leblanc

    Fifth Circuit Court Holds that Discrimination Complainant Cannot Receive Punitive Damages Without Compensatory or Nominal Damages Unless Constitutional Violation has Occurred

    by admin
    January 01, 1970
  • Alston v. Crown Auto

    Fourth Circuit Court Holds Processing Fee Not to be a Finance Charge when Charged to Credit and Cash Payers Alike

    by admin
    January 01, 1970
  • Capitol Mortgage Bankers Inc. v. Cuomo

    Fourth Circuit Court Holds Valid a HUD Regulation Requiring Insured Mortgage Lenders to Take Action if Default Rates are High

    by admin
    January 01, 1970
  • Yates v. Stalder

    Fifth Circuit Court Remands Prisoners’ Claim of Unequal Treatment based on Gender

    by admin
    January 01, 1970
  • Loza v. Apfel

    Fifth Circuit Court Finds that ALJ used Wrong Legal Standards in Determining SSI Eligibility for Mental Illness

    by admin
    January 01, 1970
  • Sikes v. Gaytan

    Fifth Circuit Court Affirms Jury Finding that Prison Guard Violating Constitutional Rights of Prisoner can still 'Act Reasonably' and be Entitled to Immunity

    by admin
    January 01, 1970
  • Kazmier v. Widmann

    Fifth Circuit Court Finds that Family Medical Leave Act Abrogates State Immunity from Sex Discrimination Claims

    by admin
    January 01, 1970
  • S.S. v. McMullen

    Eighth Circuit Holds That State Did Not Violate Due Process by Returning Child to Custody of Abusive Father

    by admin
    January 01, 1970
  • Fischer v. Cedar Creek Inn

    Person Who Settles is Still a ‘Prevailing Party’ for Purposes of Award of Attorney’s Fees, Which, if Excessive, Should Not Have Been Denied But Recalculated

    by admin
    January 01, 1970
  • Moore v. Apfel

    Ninth Circuit Court Finds That Administrative Law Judge’s Alteration of Capacity Assessment Didn’t Go Beyond Terms of Remand Order; That Remand Twice to the Same Judge Was Permissible; and That Finding of Substantial Gainful Work Was Validly Made on Advic

    by admin
    January 01, 1970
  • Lowe v. Apfel

    Eighth Circuit Overturns Administrative Law Judge’s Conclusion That SSI Applicant Can Perform Past Relevant Work as Not Based on Substantial Evidence

    by admin
    January 01, 1970