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Judge: Jury Should Decide Some ADA Cases If Treatment Doesn't Fully Control Disability
Employing a narrow reading of the recent Supreme Court cases on defining disabilities, a federal judge has held that corrective measures, such as eyeglasses, act as a bar to filing suit under the ADA only when they "fully control" a person's impairment. Senior U.S. District Judge Thomas N. O'Neill said that sometimes the plaintiff cannot meet the ADA's definition of "person with a disability." But in other cases, the answer may be less clear and the court may need to send the question to a jury.Former U.S. Judges Enter Fray Over Guantanamo Detentions
Three former federal judges from New Jersey have filed U.S. Supreme Court briefs opposing the detention, without judicial review, of 660 men at the Guantanamo Bay Naval Base in Cuba.Eight Wrongful Death Suits Allowed to Continue
Eight Wrongful Death Suits Allowed to Continue Eight wrongful death lawsuits against a Lehigh County hospital will proceed after a trial court judge ruled the plaintiffs should have a chance to prove the hospital concealed a nurse's alleged murders of their loved ones.Court Allows Testifying Doctors to Rely on Third-Party Records
Jeffrey S. Siegel, a partner at Bruno, Gerbino & Soriano, and Mitchell S. Lustig, an associate at the firm, write that in a recent decision that is an obvious boon to the New York no-fault insurer, the Appellate Term, Second Department, expressly allowed a peer review doctor to testify based upon review of medical records prepared by third-party providers that were not in evidence, despite the hearsay objections of the plaintiff's counsel.In re C/S 12th Avenue LLC, petitioner v. The City of New York, respondent
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