[blindlaw] 11th circuit opinion

[A S]

I am so sorry.  I was so excited about the opinion that I got the sides mixed up when I posted and just noticed it!  Obviously, it was the defendant that had won the summary judgement and the 11th Circuit ruled against them on appeal.  Sorry about that!
Annette

----------------------------------------> From: booboobuttken at hotmail.com> To: blindlaw at nfbnet.org> Subject: 11th circuit opinion> Date: Fri, 26 Oct 2007 18:31:33 +0000>>> Hi all -> I am back from having been off the list for a few months. On Wed. 10/24, the 11th Circuit Court of Appeals ruled on my case of being denied access into an imaging facility with my guide dog. The trial court had granted summary judgement for the Plaintiff, holding that, even though they had wrongfully discriminated against me, the case was moot because the Plaintiff had agreed to cease their discriminatory practices the day before the hearing. The court also held that noneconomic damages were not recoverable under the rehab act. We had oral arguments before the 11th Circuit in May and the decision just came in. It was a case of first impression on the question of noneconomic damages. The Court has held that the case was not moot when a private entity promised to cease the behavior, especially when it appears that the promise is soley an effort to avoid litigation, and that noneconomic damages ARE recoverable under the rehab act since in many discrmination cases, noneconomic damages are the only way to enforce the law and right the wrong, basically. I am attaching the opinion, if anyone is interested, but it is in PDF format from the 11th Circuit website.> Annette>> _________________________________________________________________> Climb to the top of the charts!  Play Star Shuffle:  the word scramble challenge with star power.> http://club.live.com/star_shuffle.aspx?icid=starshuffle_wlmailtextlink_oct

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