Previously, I have written on whether class actions are possible with respect to ADA claims considering how ADA claims are inherently focused on individual analysis. From reading the case law on a regular basis, I am seeing class actions being allowed with respect to Olmstead claims. Outside of that, it tends to be hit or
cruel and unusual punishment
Did the Second Circuit really do that? Is the ADA retroactive
By William Goren on
Since the changes are so radical between the Americans with Disabilities Act and the ADAAA in many ways, a question comes up as to whether those changes are retroactive to pending ADA cases where the facts occurred entirely before January of 2009. There are two U.S. Supreme Court cases out there that strongly suggest that…