Federal Judge Grants Class Action Certification to Hearing Impaired Prisoner under the Americans wit
Plaintiff was an inmate who suffered from hearing problems. He sued under the Americans with Disabilities Act ("ADA"), claiming that the correctional facility of which he was housed did not provide appropriate accomodations to prisoners suffering from hearing impairments. Plaintiff moves for class certification pursuant to Rule 23 of the Federal Rules of Civil Procedure. Rule 23(a) provides that a court may certify a class only if: (1) the class is so numerous that joinder of
Second Circuit: Employer's Discretionary Bonuses cannot be based on Racial or Religious Bias
Plaintiff sued the NYC Department of Education (DOE), alleging that the DOE discriminated against her on the basis of her disability. Defendant was granted summary judgment on the grounds that Plaintiff failed to show that she suffered an adverse employment action/discriminatory motive and Plaintiff appealed. After being in a car accident, Plaintiff went on medical leave. She was absent longer than any other employee during the 2008-2009 academic year. Plaintiff was a union e
Plaintiff's Affidavit is not a Written Instrument, Not Part of the Complaint Pursuant to Rule 10
Plaintiff appeals from a dismissal (Rule 12(b)(1) and 12(b)(6)) - the Second Circuit holds that "an affidavit attached as an exhibit to a complaint is not a 'written instrument' that is deemed part of the complaint pursuant to Rule 10(c)": Smith suffered from a series of medical problems before he started to work for the University of Connecticut. Smith may have been suffering from one of his ailments when he left working the food line at the university. The University termin
