terry's takes

Filtered by category: americans with disabilities act

March 15, 2024

georgia court of appeals, americans with disabilities act

Augusta Judicial Circuit Office of the Public Defender v. Hodge-Peets

In one move, the Georgia Court of Appeals has expressly found that ADA suits are barred under sovereign immunity and, implicitly, that stare decisis is no longer a real doctrine in Georgia because the sole basis for overturning the precedent was that the court disagreed with the reasoning of the prior case. Receding from 22 years of precedent, the Georgia Court of Appeals has overturned Williamson v. Dept. of Human Resources, 258 Ga. App. 113, 116 (572 SE2d 678)(2002), which had held that the State of Georgia had waived its immunity to suit under federal disability discrimination claims by passing the Fair Employment Practices Act. While the majority does not apply the age, reliance, or workability prongs of the test for stare decisis, a concurrence does. It seems to note that all of those prongs weighed in favor of adhering to precedent and that the effects of the court’s decision will be devastating. He urges the General Assembly to consider amending the code to restore what the Court had said it meant for 22 years. The majority (and the concurrence) decided to recede from the prior case, however, based solely on the fact that the current court disagrees with the prior court’s reasoning.

May 8, 2023

11th circuit court of appeals, americans with disabilities act, family medical leave act, summary judgement standard

Graves v. Brandstar, Inc.

this case arose from florida. the coordinated care for her ill father, who lived in pennsylvania. in may, she was notified that her father required emergency brain surgery to attempt to remove a cancerous tumor. she notified the employer by email that s...

March 21, 2023

supreme court of the united states of america, americans with disabilities act