Legal Case Summaries

In Kennedy v. Applause, Inc., the district court held that the plaintiff, who suffered from Chronic Fatigue Syndrome, was not a qualified individual with a disability, as she was totally disabled and could not have performed the essential functions of her job even with reasonable accommodation.

In 1990, Applause hired Kennedy as a sales representative/manager. Her duties included...

In Garrell v. Blanton and Greater Horry County Board of REALTORS®, the Supreme Court of South Carolina addressed binding arbitration under the NATIONAL ASSOCIATION OF REALTORS® (NAR) Code of Ethics. The court held that when a member participates in arbitration, but fails to raise appropriate objections, he is bound by the arbitrator's ruling, despite the lapse of the other party...

Note: This case is not published in an official reporter and may not be cited as authority. Consult with counsel before relying on this case.

A Maryland state court jury found that the defendant's advertising practices constituted racial discrimination under the Fair Housing Act, and awarded over $2 million in compensatory and punitive damages.

Fenwick-Schafer (Fenwick), an...

In Fehr v. McLean Packaging Corp., the district court found that an impairment may affect a major life activity (a) directly, or (b) indirectly through medication taken for such impairment. The court denied summary judgment, as the plaintiff presented evidence that his medication substantially limited his ability to breathe in hot, confined areas.

Fehr was employed by McLean Packaging...

The Pennsylvania Commonwealth Court addressed the amount of transfer tax to be paid by East Norriton Medical Associates (ENMA) on its purchase of real estate and an office building from the Montgomery County Industrial Development Authority (Authority).

In late 1984, ENMA contracted for the construction of a medical office building on land owned by Suburban General Hospital. In order...

In Durr v. Intercounty Title Co. of Illinois, the Seventh Circuit addressed alleged violations of 12 U.S.C. section 2607 (section 8 of the Real Estate Settlement Procedures Act of 1974 (RESPA)). The court found no violation of the statute's prohibition on kickbacks, as there was no allegation or evidence that the defendant split excess fees with a third party.

Durr purchased a home...

In Doe v. Kohn, Nast & Graf, P.C., the district court addressed alleged violations under Title I of the Americans with Disabilities Act (ADA). The court denied summary judgment to the defendants, as the plaintiff, an HIV-infected attorney, presented genuine issues of material fact on his discrimination and retaliation claims.

In 1991, Doe was hired by the Philadelphia law firm of...

In 1994 the Ohio State Bar Board of Commissioners on the Unauthorized Practice of Law addressed the practice by non-attorneys of filing, preparing, and arguing tax appeals before a board of revision. The Board held that because the practice did not harm the public and because it involved a factual determination of fair market value, rather than legal analysis, it did not constitute the...

The New York Supreme Court, Appellate Division, found that the county's cost method of assessing residential property did not violate the Equal Protection Clause of the United States Constitution. Though that assessment scheme did result in varied tax burdens on similar properties, the variances were not deemed "gross disparities."

Chasalow v. Board of Assessors of the...

In Carparts Distribution Center v. Automotive Wholesaler's Association of New England, the First Circuit vacated the district court's dismissal and remanded the case after noting several theories under which a trade association and its health benefit trust could be "employers" under Title I.

Senter was the sole shareholder, president, and employee of Carparts, an...