No Jury for Plaintiff Retaliation Cases Per ADA

by Andre G. Castaybert on January 4, 2010

On December 11, 2009 the Ninth Circuit Court of Appeals weighed in on an issue that has divided the federal courts and, adopting the view of the Seventh Circuit, held that plaintiffs in retaliation cases are not entitled to compensatory or punitive damages under the Americans With Disabilities Act but are instead limited to seeking equitable relief and, thus, are not entitled to a jury trial,. Alvarado v. Cajun Operating Co., — F.3d —-, 2009 WL 4724267, *8 (9th Circ. Dec. 11, 2009).

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Andre Castaybert’s focus is complex commercial litigation, from inception through trial, representing both companies and high net worth individuals in the New York State Commercial Division, the Federal Courts in both State and Federal appellate courts.

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