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Queens man suing Rochester-area plazas for access
Four local malls and plazas were named this month in lawsuits seeking greater access for people with disabilities by a New York City-area man who has been filing such suits for more than a decade. Christopher E. Brown, whose address is not listed in the suits but was identified in one against a New Jersey […]
Self-imposed ADA audits are developers’ best option
A recent lawsuit, Chicago Housing Authority v. Destefano & Partners, resulted in a ruling that says project owners and developers may not allocate liability for Americans with Disabilities Act claims to architects, contractors or other project participants. Though the ruling defies contract law and common sense, several courts across the country have similarly refused […]
Commentary: Well, well, well: some new guidance
On April 20, the Equal Employment Opportunity Commission issued a notice of proposed rulemaking addressing how the Americans with Disabilities Act applies to employer wellness programs that are part of a group health plan. Wellness programs, which are otherwise regulated under employee benefits laws including HIPAA, the ACA, GINA and (sometimes) ERISA have long remained […]
ADA could require state to bend existing law
Federal disability discrimination law may require a state agency to deviate from state law in order to accommodate a mentally ill individual’s claim for benefits, the U.S. Court of Appeals for the Second Circuit ruled in reversing a dismissal, Mary Jo C. v. New York State and Local Retirement System, no. 11-2215 (Jan. 29). The […]
Employee may avoid rotating shifts under ADA
An employee with fibromyalgia and sleep apnea could maintain a disability discrimination claim based on his employer’s refusal to allow him to work only a straight day shift, the 7th Circuit has ruled in reversing a summary judgment. The plaintiff worked as a tractor operator on the day shift at a manufacturing facility owned by […]
Report: DOJ should enforce ADA laws for bar exam
A recent report from the Government Accountability Office found individuals with disabilities often face significant test-taking barriers, despite Americans with Disabilities Act accommodation requirements. The report called for the Department of Justice to do a better job of enforcing laws that allow special accommodations to take standardized tests, such as the bar exam. Titled “Higher [&helli[...]
ADA suit is time-barred
A federal disability discrimination lawsuit was untimely, even though the plaintiff filed her complaint within 90 days of when her attorney received a right-to-sue letter from the Equal Employment Opportunity Commission, the U.S. Court of Appeals for the Second Circuit has ruled in affirming a dismissal, Tiberio v. Allergy Asthma Immunology of Rochester, no, 11-2576-cv […]
Feds say law firm barred client’s service dog
WHITE PLAINS — Prosecutors say a New York law firm refused to allow a disabled client into its offices with her service dog. The U.S. attorney says the Newburgh firm of Larkin, Axelrod, Ingrassia and Tetenbaum violated the Americans with Disabilities Act. He says lawyers should know better. In a lawsuit filed in White Plains […]
Man sues White Castle saying booths too small
COLUMBUS, Ohio — A New York man is suing White Castle claiming the booths in one of its hamburger restaurants are too small. Martin Kessman says in the federal lawsuit filed last week that he was embarrassed in 2009 ...
ADA reaches milestone with mixed results
The Americans with Disabilities Act turned 21 this week with various levels of success and failure. Diane Coleman, director of advocacy for Rochester’s Center for Disability Rights Inc., was in Washington in July 1990 helping to support passage of the law ...
ADA: Thompsen v. Stantec Inc.
U.S. District Court, WDNY ADA Significant Disability Thompsen v. Stantec Inc. 09-CV-6404L Judge Larimer Background: The plaintiff sued his former employer alleging that he was discriminated against on the basis of his disability, the employer failed to make reasonable accommodations and the employer retaliated against him. The plaintiff’s alleges that his bowel cancer, which necessitated [&helli[...]
ADA: Thompsen v. Stantec Inc.
U.S. District Court, WDNY ADA Significant Disability Thompsen v. Stantec Inc. 09-CV-6404L Judge Larimer Background: The plaintiff sued his former employer alleging that he was discriminated against on the basis of his disability, the employer failed to make reasonable accommodations and the employer retaliated against him. The plaintiff’s alleges that his bowel cancer, which necessitated [&helli[...]
Case Digests
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
- Fourth Department – Labor Law: Verdugo v. Fox Building Group
- Fourth Department – Out-of-possession landlord: Truax v. M.D. Meyer’s Properties
- Fourth Department – Discovery: Sylvester v. Sanders
Law News
- Espinosa named general counsel at Greenlight Networks
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers
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