Search for: "Ada Perez"
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17 Nov 2023, 7:36 am
” In other words, after the US Supreme Court’s 2023 decision in Perez v. [read post]
23 Aug 2023, 5:57 am
What convinces the Court of Appeals (Bianco, Perez, and Sullivan in dissent) to reinstate plaintiff's retaliation claim (which the district court dismissed on summary judgment) is that (1) management was hostile toward the accommodation request, (2) management incorrectly told her the county did not offer light duty and she would have to take medical leave if she could not perform any physical labor, and (3) and this process unfolded in a compressed time period sufficient to make… [read post]
22 Aug 2023, 6:00 am
Apart from finding that archiving files was not an essential job function and that plaintiff therefore was not required under the ADA to perform that work if an accommodation could otherwise be worked out, the Court of Appeals (Bianco, Perez, and Sullivan in dissent) reverses summary judgment for the following reasons:1. [read post]
21 Aug 2023, 6:00 am
The Court of Appeals (Bianco, Perez, and Sullivan [dissenting]) finds that the jury may determine that archiving was not an essential job function. [read post]
11 Jul 2023, 9:05 pm
Consequently, the Perez family filed an ADA lawsuit seeking compensatory damages. [read post]
18 Apr 2023, 8:42 am
After settling his administrative complaint, Perez sued in federal district court under the ADA seeking compensatory damages. [read post]
30 Mar 2023, 6:27 am
” The case is Perez v. [read post]
29 Mar 2023, 8:19 am
Y no se diga que la motivación conjura la arbitrariedad, pues hay motivaciones primorosas que encubren decisiones arbitrarias, preñadas de capricho, parcialidad o no ajustarse a los principios de la potestad. [read post]
24 Mar 2023, 3:30 pm
Instead, the ADA must look to charging for drug charges involving manufacturing or distribution of the drug (be it fentanyl, heroin, meth, etc.). [read post]
23 Mar 2023, 9:05 pm
Although lower courts held that Perez could not pursue an ADA claim because of his IDEA settlement, the Supreme Court ruled that, because Perez and his family were seeking a form of relief not available under IDEA, they could still bring their ADA suit. [read post]
22 Mar 2023, 6:59 am
The Supreme Court has ruled that a federal student disability statute does not require aggrieved students to administratively exhaust their claims before filing suit in federal court, but only in certain circumstances unique to this case.The case is Perez v. [read post]
21 Mar 2023, 9:10 am
Gorsuch also noted that the court’s ruling did not resolve several issues in the dispute between Perez and the school district, such as whether the damages that Perez seeks are available under the ADA. [read post]
19 Jan 2023, 9:48 am
An administrative judge dismissed Perez’s ADA claim on the grounds that the judge lacked jurisdiction to hear it. [read post]
19 Jan 2023, 7:47 am
Therefore, he argued, Perez should not have been required to file for administrative relief under the ADA before filing a lawsuit. [read post]
18 Jan 2023, 1:53 pm
Perez then tried to revive the ADA claim in federal court. [read post]
14 Jan 2023, 12:31 pm
Perez then went to federal court, where he argued that the school district’s failure to give him the resources to fully participate in class violated the ADA. [read post]
10 Nov 2022, 12:42 pm
Specifically, the question is whether Perez can bring his claim in federal court, outside of the administrative procedures prescribed by the ADA. [read post]
4 Oct 2022, 12:59 pm
Perez filed suit to obtain damages under an Americans with Disability Act (ADA) violation and an IDEA violation. [read post]
3 Oct 2022, 4:56 pm
Perez then brought his ADA claim in federal court, but the district court dismissed it because he had not fully pursued it in the state administrative proceedings after settling his IDEA claims. [read post]
21 Jun 2022, 2:18 pm
The hearing officer dismissed the ADA claim, reasoning that he lacked the power to hear it, and the school district then settled Perez’s IDEA claim. [read post]
