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Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2007

Chicago-Kent College of Law

Americans with Disabilities Act

Articles 1 - 2 of 2

Full-Text Articles in Law

Determining Whether Plaintiff Prevailed Is A "Close Question"—But Should It Be?, Nikolai G. Guerra Sep 2007

Determining Whether Plaintiff Prevailed Is A "Close Question"—But Should It Be?, Nikolai G. Guerra

Seventh Circuit Review

According to the “American rule,” litigants must bear their own litigation costs, including attorneys’ fees, absent statutory authorization allowing otherwise. With the emergence of fee-shifting provisions in various statutes, particularly in the area of civil rights, a court may award a prevailing party its attorneys’ fees and other costs. Deciding whether a party prevailed for purposes of a fee-shifting statute, however, requires courts to engage in an analysis of the benefit the plaintiff has received from his judgment. Recently, in Karraker v. Rent-A-Center, the Seventh Circuit held that a plaintiff class prevailed for purposes of the American with Disabilities …


Shifting The Burden: A Proposal For Practical Application Of The Interactive Process Duty In Disability Accommodations, Matthew Light-Oglander Jan 2007

Shifting The Burden: A Proposal For Practical Application Of The Interactive Process Duty In Disability Accommodations, Matthew Light-Oglander

Louis Jackson National Student Writing Competition

No abstract provided.