punitive damages

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I hope those that celebrated had a happy Hanukkah. Merry Christmas, happy new year, and happy holidays to everyone.

Today’s blog entry is my top 11 or so for the year. As is my past practice, I have included important blog entries that do not make the list . Most of those though were…

Before turning to the blog entry of the day, I should point out that OSHA last week, January 29, 2021, issued a guidance entitled, “Protecting Workers: Guidance on Mitigating and Preventing the Spread of Covid-19 in the Workplace.” It can be found here184185197198198204. Lots of good information in the guidance. Keep in mind, that…

It is time for my annual greatest hits blog entries of the year. Before getting to the greatest hits blog entries of the year, a few blog entries are so important that they make it every year regardless of where they fit in the greatest rankings. Those blog entries are: ADA compliance in higher education,…

As promised, this week I am putting up the 2018 understanding the ADA greatest hits blog entry. It was a great year for the blog making the ABA 100 for the fifth year in a row. Simply wouldn’t do this and couldn’t do this without the great readers here. The only thing I will say…

It is time for the top 10 plus three of 2017. For the most part, the greatest hits, but not of all of their order of popularity stayed the same from 2016 to 2017, except for one entry (negligence per se dropped out of the top 10 and was replaced by the history of ADA…

Previously, I have written on whether you can get compensatory and punitive damages in ADA retaliation claims. That particular blog entry despite its title was restricted to title I claims of the ADA. That is, claims arising from employment. But what about title II claims of the ADA. That is, a retaliation claim arising from…

Your client asked for reasonable accommodations/modifications and was retaliated against for doing so. Let’s assume that the retaliation is fairly obvious. The question becomes when you file a retaliation claim are you going to be able to get compensatory and punitive damages? Might it depend upon the title or law that you are suing under?…

It is crystal clear that under the ADA that a student in the classroom as a reasonable accommodation would have the right to tape record or otherwise record the class. See 28 C.F.R. § 35.104(2),(3). However, you may want to look at your state’s eavesdropping statute to see if there aren’t some unintended consequences of…