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Decisions of Interest
ADA/Duty to Accommodate: Direct Threat
An employee who threatened a co-worker with foul and abusive language did not establish that her employer failed to reasonably accommodate her under the Americans with Disabilities Act. Johnson v. Maynard, 2003 WL 548754 (S.D.N.Y. 2/25/03) (Hellerstein, D.J.)
The employee suffered from paranoid schizophrenia and bipolar disorder, but was not disabled under the ADA because these impairments did not limit any major life activity when she used prescribed medication. The employee testified at her deposition that she did not need an accommodation, and the only evidence she submitted relating to a request for an accommodation was her testimony that she asked a co-worker to “watch her.” The court found the request insufficient to constitute a request for a reasonable accommodation: “[the employer] should not be charged with a failure to make a reasonable accommodation when plaintiff neglected to take her medication. After all, an employer cannot be expected to ensure that an employee is properly following her doctor's orders.”
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
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Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
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