Constitutional Law Reporter

APRIL 18, 2023

Supreme Court held that a deaf student seeking compensatory damages under the Americans with Disabilities Act (ADA) for the denial of a free and appropriate education may proceed without exhausting the administrative processes of the Individuals with Disabilities Education Act (IDEA) because the remedy sought is not one IDEA provides.

Compensatory Damages 59

Compensatory Damages Education Statute Court 59

SquirePattonBoggs

SEPTEMBER 13, 2023

In its decision, the Court took the uncommon step of sua sponte certifying a question of state law (here, Ohio law) to a state supreme supreme court (the Ohio Supreme Court). Who better to know the answer to that question than the Ohio Supreme Court, which, under Erie Railroad Co. Tompkins , 304 U.S. Lehman Bros.

Compensatory Damages 64

Compensatory Damages Laws Litigation Litigating 64

ClimateChange-ClimateLaw

OCTOBER 20, 2020

Federal Court in Rhode Island Allowed Failure-to-Adapt Claims to Proceed. The federal district court for the District of Rhode Island for the most part denied a motion to dismiss a citizen suit asserting that Shell Oil Products US and other defendants (Shell) failed to prepare a terminal in Providence for the impacts of climate change.

Court 72

Court Government Compensatory Damages Litigation 72