Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Diabetic Transferred Out of Job Has No Claim Under ADA
The U.S. Court of Appeals for the Sixth Circuit held that a diabetic forklift driver transferred from her position had no claim under the American with Disabilities Act. Mohr v. Hoover Co., 2004 WL 1098748, (6th Cir. May 14, 2004).
Plaintiff Lucille Mohr, who suffered from Type II diabetes, operated a forklift at least 25 feet in the air in order to retrieve medical supplies. In a review of medical records, the company medical director learned that Mohr suffered from the disease. After meeting with Ms. Mohr's personal physician, the medical director imposed an employment restriction barring use of the fork truck. Although Ms. Mohr submitted a letter from her personal physician attesting to her fitness for the job, the medical director did not change his position. Instead, Mohr was allowed to bid on other jobs, though she claimed a net loss of $25,000 given the new jobs had no overtime.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
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 election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?