Sentences with phrase «plaintiff under disability»

Essentially, an oral hearing allows the judge to consider procedural fairness to and the substantive rights of the plaintiff under disability.

Not exact matches

The plaintiffs in this new lawsuit claim that the Empowerment Account program is unconstitutional under the Arizona Supreme Court's 2009 ruling in Cain v. Horne, which struck down a voucher program for children with disabilities.

On this date files commenced before January 1, 2012 that are not yet set down for trial will be automatically dismissed unless there is an order otherwise or the plaintiff is under disability.

While this blog, and Seyfarth's Disability Access Team, are focused on disability access issues affecting places of public accommodation that provide goods and services to the general public (not employees, though many of our team members are employment specialists as well), this emerging litigation trend is worthy of our discussion here because it is an extension of the tsunami of website accessibility demand letters and lawsuits pursued under Title III, involving the same technological and other issues, as well as the same plaintiffs and plaintiffs» Disability Access Team, are focused on disability access issues affecting places of public accommodation that provide goods and services to the general public (not employees, though many of our team members are employment specialists as well), this emerging litigation trend is worthy of our discussion here because it is an extension of the tsunami of website accessibility demand letters and lawsuits pursued under Title III, involving the same technological and other issues, as well as the same plaintiffs and plaintiffs» disability access issues affecting places of public accommodation that provide goods and services to the general public (not employees, though many of our team members are employment specialists as well), this emerging litigation trend is worthy of our discussion here because it is an extension of the tsunami of website accessibility demand letters and lawsuits pursued under Title III, involving the same technological and other issues, as well as the same plaintiffs and plaintiffs» attorneys.

To make out a prima facie case of disability discrimination under the ADA or KCRA, a plaintiff must show that he or she is qualified, with or without reasonable accommodation, to perform the essential functions of the job in which he suffered an adverse employment action.

The Plaintiff in this case sought to collect permanent partial disability benefits under the Maryland Workers» Compensation Act on behalf of his wife, who died of causes unrelated to her work injury.

(4) Unless the court orders otherwise, where the plaintiff is under a disability, an action may be dismissed as abandoned under this rule only if the defendant gives notice to the Children's Lawyer or, if the Public Guardian and Trustee is litigation guardian of the plaintiff, to the Public Guardian and Trustee.

(14) Unless the court orders otherwise, where the plaintiff is under a disability, an action may be dismissed for delay under this rule only if the defendant gives notice to the Children's Lawyer or, if the Public Guardian and Trustee is litigation guardian of the plaintiff, to the Public Guardian and Trustee.

The situation of a plaintiff who is under disability is peculiar in that there is an additional step required prior to finalizing any type of settlement: rule 7.08 (1) of the Rules of Civil Procedure (hereinafter the «Rules») dictate that the proposed settlement must first be approved by the court.

Following her review of the materials filed by the plaintiff's lawyer and her thorough analysis of the rules governing court approval of settlements for persons under disability, Madam Justice Corthorn noted that there were a number of procedural and substantive problems with the materials before her, including but not limited to the fact that the application record was not served on the respondent and no factum had been filed by the applicant.

In such a situation, the plaintiff is considered to be under disability and requires the appointment of a litigation guardian to act on his or her behalf.

The court held that: (1) plaintiff had disabilities under the ADA; (2) plaintiff's attendance records did not disqualify him from being a qualified individual with a disability; and (3) issues existed as to reasonable accommodation of the disability.