"What a Civilized Society Will Tolerate": Van Halen Wins Appeal in Fight Over Safety at School for Allergic Daughter
http://allergylawproject.com/2015/01/22/what-a-civilized-society-will-tolerate-van-halen-wins-appeal-in-fight-over-safety-at-school-for-allergic-daughter/ (http://allergylawproject.com/2015/01/22/what-a-civilized-society-will-tolerate-van-halen-wins-appeal-in-fight-over-safety-at-school-for-allergic-daughter/)
I could be completely wrong here but the case sounded like deep, complex contract law.
Wow.
LYING about the willingness to deliberately withhold epinephrine treatment. Holy moley. :dalek:
Double WOW!
(Had we had such deep pockets, we would have sued private school in deep South. However, I don't think it would have gone so well in 2007.)
That depends on the nature of the suit. Breach of contract, fraud, etc., is different and separate from disability law, or constitutional claims (in my non-lawyer perspective). The recognition of the life threatening nature and duty towards child, it met a standard, rose to the level of sort of thing, even if it's not ADA related because they won. That's what I understand to be the stand out from this opinion.
We also don't know what, if any, state specific laws or standards you may have been able to call upon for that contract.