• Risk of relapse counts as disability, says 1st Circuit

    In a precedential and controversial opinion released on Thursday, the 1st Circuit found that the risk of relapsing back into an addiction counts as a disability.

  • Proposed ALJ bias settlement would give thousands of disabled New Yorkers new benefit hearings

    Many disabled individuals may get their day in court—again—thanks to a proposed settlement that, if approved, will address accusations of hostility and bias against five federal administrative law judges (ALJ) in Queens, New York.

  • Roundup: 1st, 6th, 7th and Federal Circuits

    Defense of Marriage Act ruled unconstitutional; To be discrimination, disability need not be the sole reason for firing; Court says shareholder suit against Sears is shameless ploy for attorney fees; Infringing on the same patent not enough to join multiple defendants in one suit

  • Roundup: 1st, 2nd, 6th and 7th Circuits

    Dan Brown's thriller does not infringe other author's copyright; Coca-Cola legally purchased plant from exiled Egyptian family; No breach of contract for a voluntary payment of $13.99; Disabled employees not guaranteed new jobs within a company

  • Labor: Establishing a disability under the ADAAA

    The Americans With Disabilities Amendments Act of 2008 (ADAAA), which became effective on Jan. 1, 2009, made a number of significant changes to the definition of “disability” under the Americans with Disabilities Act (ADA).

  • Labor: The ADAAA is in effect—now what?

    It has been three years since Congress passed the Americans with Disabilities Act (ADA) Amendments Act of 2008. The law, sometimes known as the ADAAA, went into effect at the start of 2009, yet little changed right away. Why? Because the Equal Employment Opportunity Commission (EEOC), charged with creating regulations...

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