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ARTICLE · 07 JUNE 2002

Supreme Court Docket Report - 2001 Term, Number 7 / January 11, 2002

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United StatesLitigation, Mediation & Arbitration

Co-authored by Ms Miriam R. Nemetz & Mr Andrew H. Schapiro

The Supreme Court granted certiorari in one case of potential interest to the business community.

Disability-Based Discrimination - Public Programs - Punitive Damages.

Section 504 of the Rehabilitation Act, 29 U.S.C. § 794(a), and Section 202 of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12132, prohibit disability-based discrimination in public programs. The Supreme Court granted certiorari in Barnes v. Gorman, No. 01-682, to determine whether punitive damages may be awarded against a municipal government in an implied private cause of action brought under Section 504 of the Rehabilitation Act or Section 202 of the ADA.

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