In this blog, I’ve written about mixed motive jury instruction twice. In the first entry, we explored whether mixed motive jury instructions with respect to the ADA were even possible after Gross v. FBL Financial. In the second, we explored whether where there is more than one cause of action to be
mixed motive jury instruction
Mixed motive: another permutation and do lawyers have it backwards
A hot area of the Americans with Disabilities Act jurisprudence is the question of mixed motive. That is, can a plaintiff get a mixed motive jury instruction in Americans with Disabilities Act cases, or for that matter in Rehabilitation Act cases as well, in light of Gross v. FBL Financial Services? Previously, we have…
Are the provisions of the Americans with Disabilities Act and the Rehabilitation Act the same?
Case law dealing with the Rehabilitation Act and the Americans with Disabilities Act will often say say that the Americans with Disabilities Act and the Rehabilitation Act are governed by the same standards. Eg. Greer v. Richardson Independent School District, 2012 WL 833367, *12 fn 1 (fifth Cir. March 14, 2012). That said, are…
Is a Mixed Motive Jury Instruction Dead under the Americans with Disabilities Act? Rehabilitation Act?
At the top of the legal resources section on this page, you will see a link to an article that I wrote regarding whether a mixed motive jury instruction is available under the Americans with Disabilities Act. A mixed motive jury instruction is an instruction that says that liability can exist if the plaintiff can…