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ALERT: IN A MAJOR VICTORY FOR EMPLOYERS, THE SUPREME COURT HAS LIMITED THE REACH OF THE ADA

On January 9, in the case of Toyota v. Williams, the Supreme Court, in a unanimous ruling, reversed a Circuit Court of Appeals decision, and drastically limited the kinds of conditions that can be classified as "disabilities" under the ADA.

Basically, the Supreme Court ruled that a condition that limits an employee's ability to perform a job (like, in this case, carpal tunnel syndrome) is not necessarily a "disability" under the ADA. Rather, to qualify for ADA protection, "an individual must have an impairment that prevents or severely restricts an individual from doing activities that are of central importance to most peoples' daily lives." So, even though an employee might not be able to perform certain job duties, that employee may well not be "disabled" for ADA purposes unless the employee's condition also restricts the person in their every day life, in a substantial way.

That is a monumental change from the way in which some courts have been interpreting the ADA, and opens a vast array of defenses that employers can assert to employee ADA suits. We will report on the implications of the decision in future issues, but wanted you to be aware of this most recent development presently.


Powell, Trachtman, Logan, Carrle & Lombardo, P.C. is a full service law firm with offices in suburban Philadelphia, PA, Harrisburg, PA and Cherry Hill, NJ. Powell Trachtman represents a variety of commercial enterprises, entrepreneurs and business executives in respect to their litigation, litigation avoidance planning, business formation, business transactions, estate and tax planning, and other needs. We are also approved defense counsel for numerous insurance carriers in matters pertaining to professional malpractice, products liability, employment practices, directors and officers liability, and many other fields. For more information, contact us at info@powelltrachtman.com and visit our website at www.powelltrachtman.com.

©Copyright 2003 Powell, Trachtman, Logan, Carrle & Lombardo P.C. All rights reserved, except that recipients hereof are permitted, for noncommercial purposes, to provide copies or excerpts, with full attribution to us, to other interested persons for their personal use. Avoiding Lawsuits is distributed for general informational purposes only. It is not a substitute for personalized legal advice from a competent attorney.

Problems Prevented and Solved

Acquisition of industrial property requiring environmental remediation - read more

Successful enforcement of covenant not to compete - read more

Successful resolution of gender and race discrimination claim - read more

Successful resolution of quadriplegia personal injury claim against college - read more

Successful defense of computer hardware manufacturer - read more

Successful representation of design professional in historic building damage claim - read more

Successful defense in architectural malpractice claim involving medical facility - read more

Successful resolution of shareholder buy/sell claim - read more

Negotiation and finalization of software transfer transaction - read more

Successful defense of electrical product manufacturer - read more

Six-figure settlement for manufacturing firm against consultants - read more

Successful settlement of action against architect in multi-phase condominium project - read more

$37 million verdict in contractor/municipality dispute - read more

Successful negotiation with the IRS to eliminate mounting interest and penalties for estate heirs - read more

Successful resolution of a deficient design claim for a designer and construction manager of a warehouse distribution facility - read more

Successful resolution of claim against architectural firm involving design of concert hall - read more

Successful defense of employee's pregnancy discrimination and family leave act claims - read more

Representation of company in the negotiation and drafting of executive employment agreements - read more

Successful settlement of architectural malpractice claim in roof collapse case - read more

Successful resolution of sexual harassment claim - read more

Representation of numerous companies in structuring reductions in force - read more

Updating estate planning documents reveals major flaws - read more

Negotiation of a multi-million dollar statewide strategic sourcing contract - read more

Representation of retail distributor in acquisition of store locations - read more

Defense verdict for accounting firm in "deepening insolvency" case - read more

Creative estate tax planning for the owner of a Subchapter S Corporation - read more

Successful settlement in favor of architect on highway design claim - read more

Defense verdict in whistleblower/wrongful termination claim - read more

Defense verdict in favor of lift manufacturer - read more

Representation of manufacturing entity in asset-based lending transaction - read more

Successful resolution of claim by business buyer against business seller - read more

Examples of "preventive law" advice provided to clients - read more

Creation of ESOP as part of founder's succession plan - read more

Successful resolution of multi-million dollar hotel water intrusion/mold growth claim - read more

Successful defense of unfair competition action - read more

Acquisition, financing and development of manufacturing facility - read more

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