The court held that: (1) To state a claim under Title I of the ADA, the plaintiff must allege that he/she can perform the essential functions of his/her job with or without reasonable accommodation to be a “qualified individual” as defined under the ADA; and (2) A benefit plan that is private and not offered to the public in general, but rather limited to employees, is not a “public accommodation” under Title III of the ADA. Seese v. Prudential Insurance Company of America, 14-cv-03286 (D. Minn. … [Read more...]
Archives for September 2015
TITLE III ADA & MHRA DISCRIMINATION-PUBLIC ACCOMMODATION.
In Nathanson et al. v. Spring Lake Park Panther Youth Football Association et al., the court determined that because the Football Association has games scheduled in advance suggests that there is some sort of arrangement with the City allowing access and control to the fields and, therefore, it is plausible that the Football Association satisfies the legal definition of a place of public accommodation and, for that reason, the court denied Defendants Motion to Dismiss and refused to consider … [Read more...]
JLO attorney George Kuehner prevails in Allan v R.D. Offutt Co
Congratulations to George W. Kuehner who prevailed at the Supreme Court in Allan v R.D. Offutt Co, (A14-1555, Aug 31, 2015). The decision substantially changes the nature of the threshold requirement an employee must reach before being permitted to assert a workers' compensation claim for permanent total disability. The Supreme Court reversed the WCCA and held that the permanent partial disability rating threshold for bringing a permanent total disability claim (Minn Stat. 176.101 subd 5 … [Read more...]