Culhane Meadows partners David Jacoby of New York and Mishell Kneeland of Austin recently co-authored an article for Law360 that discusses a recent 2nd Circuit decision about eligibility for those with short-term disabilities.
Here are a few excerpts from the article:
The number of lawsuits alleging discrimination on the basis of disability is likely to increase following the June 30 decision by the U.S. Court of Appeals for the Second Circuit in Hamilton v. Westchester County, holding that disabilities lasting less than six months are covered under the Americans with Disabilities Act.
Concluding that the district court erred “categorically” in holding that short-term injuries — like the plaintiff’s dislocated knee and torn meniscus, in this case — were not qualifying disabilities under the ADA, the appeals court remanded the case for further proceedings on the ADA claim.
The Second Circuit follows the U.S. Court of Appeals for the First, Fourth and Seventh Circuits, which had already reached that conclusion.
As a result, it is likely that more ADA claims will be filed and survive dismissal motions in the federal courts in the Second Circuit.
Read their entire article HERE to learn more.
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