However, monitoring fees and costs that may be paid to Class Counsel shall be capped each year and shall not exceed the following amounts, exclusive of any disputes resolved by the District Court...
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18. Inspections
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V. IMPLEMENTATION AND ENFORCEMENT OF AGREEMENT
Further, if any term of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect....
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VI. ENFORCEMENT
the United States is unable to reach a satisfactory resolution of the issues raised within sixty (60) days of the date it notifies Atlantis, it may institute a civil action in federal court...
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Program requirements. (Section-by-Section Analysis)
In a unanimous decision, the Supreme Court, in Pennsylvania Department of Corrections v....
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Section 37.11 Administrative Enforcement
The DOJ can take violators to court. These approaches are not mutually exclusive with the administrative enforcement mechanisms described in this section....
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2. The Class Notices Are Defective and Will Reach Only A Minuscule Portion of Class Members
For class actions seeking to compromise claims for injunctive or declaratory relief, federal courts have generally upheld published notices so long as the notices adequately inform interested...
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14. Child welfare agencies have an obligation to ensure the health and safety of children. How can agencies comply with the ADA and Section 504 while also ensuring health and safety?
or by the provision of auxiliary aids or services.89 In determining whether an individual poses a direct threat to the health or safety of a child or others, child welfare agencies and courts...
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10.2 Overview of Enforcement Provisions
for violations of Title I of the ADA include hiring, reinstatement, promotion, back pay, front pay, restored benefits, reasonable accommodation, attorneys' fees, expert witness fees, and court...
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8. Providing Qualified Readers
For example: A court has held under the Rehabilitation Act that it was not an undue hardship for a large state agency to provide full-time readers for three blind employees, in view of its...
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IV. CONCLUSION
CONCLUSION Because the Agreements proposed by the Parties are procedurally defective, the United States Objects to their approval and urges the Court to deny entry of these Agreements...
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k) Self-Evaluation/Transition Plan
The Court agrees....
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45. Does a cost-benefit analysis determine whether a reasonable accommodation will cause undue hardship?
Despite the statutory language and legislative history, some courts have applied a cost-benefit analysis. See, e.g., Monette v. Electronic Data Sys....
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2.2. Total Costs
baseline should reflect the extent to which movie theaters would provide closed movie captioning and audio description in the absence of the rule and should reflect the determination many courts...
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Monetary Relief for Complainant
The ADA authorizes the Attorney General to seek a court award of compensatory damages on behalf of individuals aggrieved as the result of violations of Title III of the ADA. 42 U.S.C...
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IMPLEMENTATION AND ENFORCEMENT
If any term of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect....
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Section 37.57 Required Cooperation
The rule does not restate this portion of the statute in the regulation, since it would be implemented by the courts if such an action is brought....
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Miscellaneous Provisions
If the United States is unable to reach a satisfactory resolution of the issue within 60 days of the date it notifies UPDC, the United States may institute a civil action in federal court...
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III. IMPLEMENTATION AND ENFORCEMENT OF AGREEMENT
If, after further discussion with PSE, the United States believes that PSE has violated the Agreement, the United States may institute a civil action for relief in federal district court...
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Sections 35.108(f) and 36.105(f)—Is Regarded as Having Such an Impairment
The rationale for the ‘‘regarded as’’ part of the definition of ‘‘disability’’ was articulated by the Supreme Court in the context of section 504 of the Rehabilitation Act of 1973 in School...
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Other International Law Issues
The very reason for the existence of the ACAA is that the Supreme Court, in Paralyzed Veterans of America v....
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7. What is a reasonable modification?
Answer: Under Title II of the ADA and Section 504, child welfare agencies and courts must make changes in policies, practices, and procedures to accommodate the individual needs of a qualified...
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206 Accessible Routes
206.2.4 Exception 1) incorporation of provisions for recreation facilities that address accessible routes to amusement rides (206.2.9), boating facilities (206.10), bowling lanes (206.11), court...
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EXHIBIT I NOTICE OF SETTLEMENT OF FEDERAL DISABILITY DISCRIMINATION LAWSUIT UNITED STATES V. QUIKTRIP CORPORATION
District Court for the District of ___________ has entered a Consent Decree resolving a lawsuit against QuikTrip Corporation, the owner and operator of gas stations, convenience stores,...
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B. Whether the City May Assert an Undue Burden Defense With Respect to New Construction or Alterations Under Title II of the ADA and Section 504 of the Rehabilitation Act
The Court finds that the City may not assert its Seventh and Fifty–Fourth Affirmative Defenses related to undue financial burden as to “newly constructed or altered” pedestrian rights of...