P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Principles of Trust: Classification and CreationPreeti Sikder
Learning Outcome:
Students will :
-be informed about the major divisions among the concept of trust
-learn about the basic legal conditions a trust has to fulfill under Trusts Act, 1882
This include some important formats applicable in Indian courts and is very essential for Law Students.
These formats may even be translated to the local (scheduled) indian languages and may be used in the respective courts.
The term “intestate succession” implies succession to the property of a person who dies without making any testamentary disposition of it.
It also refers to property which an intestate leaves behind him to pass to his heirs.
The Chapter under HSA containing Sections 5 to 17 are grouped under the heading “Intestate Succession general”.
When a Hindu male dies intestate in India, that is without leaving a will, the devolution of his property upon his heirs is done by the rules specified under the Hindu Succession Act 1956.
The Criminal Procedure Code, 1973 provides for the provisions for maintenance. The provisions enumerated under the code are explained herein the slides along with the remedies available for maintenance and against maintenance.
Geneva Convention (III) Relative to the Treatment of Prisoners of War of August 12, 1949
Presentation by Justin Ordoyo
University of the Philippines College of Law
The PowerPoint presentation is uploaded on behalf of Moot Court Association, Faculty of Law, Swami Vivekanand Subharti University. It will help the law students immensely in preparation of Memorials for either Moot Court Competitions or Internal assessment.
Media Law, Article 19, 14, 21, Odyssey Communications Pvt. Ltd. v. Lokvidayan Sanghatana and Ors. , PIL By Lokvidayan Sanghatana & Mahila Sangharsha Samiti (NGO’s) In Bombay HC, Honi Anhoni Serial Controversy, Doordarshan, Freedom of expression is a preferred right which is always very zealously guarded by Supreme Court, ENDANGER PUBLIC MORALITY, IN THE ABSENCE OF ANY PRIMA FACIE EVIDENCE , INFRINGE A FUNDAMENTAL RIGHT OF THE PRODUCER, Tata Press Ltd. v. Mahanagar Telephone Nigam Limited & Ors., A letters patent appeal, A SLP U/a 136, Whether 'commercial advertisement' comes within concept of freedom of speech and expression guaranteed under Article 19 (1) (a) ?
Whether commercial speech is fundamental right under Article 19 (1) (a)?, Supreme Court holds that "commercial speech" is a part of the freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution
What is international dispute? What are the various ways of settling the international dispute? Explain Pacific means of settling the dispute. Explain the coercive method of solving the dispute. In this ppt we deal with all these question that will be helpful for law exams.
The TN Land Reforms (Fixation of Ceiling on land) Act, 1961.pptxRoshiniSundarrasu
The Slide Share is about, The Tamil Nadu Land Reforms (Fixation of ceiling on land) Act, 1961 which will help the Tamil Nadu based Law students to learn Land Laws more efficiently with respect to exam point of view.
Principles of Trust: Classification and CreationPreeti Sikder
Learning Outcome:
Students will :
-be informed about the major divisions among the concept of trust
-learn about the basic legal conditions a trust has to fulfill under Trusts Act, 1882
This include some important formats applicable in Indian courts and is very essential for Law Students.
These formats may even be translated to the local (scheduled) indian languages and may be used in the respective courts.
The term “intestate succession” implies succession to the property of a person who dies without making any testamentary disposition of it.
It also refers to property which an intestate leaves behind him to pass to his heirs.
The Chapter under HSA containing Sections 5 to 17 are grouped under the heading “Intestate Succession general”.
When a Hindu male dies intestate in India, that is without leaving a will, the devolution of his property upon his heirs is done by the rules specified under the Hindu Succession Act 1956.
The Criminal Procedure Code, 1973 provides for the provisions for maintenance. The provisions enumerated under the code are explained herein the slides along with the remedies available for maintenance and against maintenance.
Geneva Convention (III) Relative to the Treatment of Prisoners of War of August 12, 1949
Presentation by Justin Ordoyo
University of the Philippines College of Law
The PowerPoint presentation is uploaded on behalf of Moot Court Association, Faculty of Law, Swami Vivekanand Subharti University. It will help the law students immensely in preparation of Memorials for either Moot Court Competitions or Internal assessment.
Media Law, Article 19, 14, 21, Odyssey Communications Pvt. Ltd. v. Lokvidayan Sanghatana and Ors. , PIL By Lokvidayan Sanghatana & Mahila Sangharsha Samiti (NGO’s) In Bombay HC, Honi Anhoni Serial Controversy, Doordarshan, Freedom of expression is a preferred right which is always very zealously guarded by Supreme Court, ENDANGER PUBLIC MORALITY, IN THE ABSENCE OF ANY PRIMA FACIE EVIDENCE , INFRINGE A FUNDAMENTAL RIGHT OF THE PRODUCER, Tata Press Ltd. v. Mahanagar Telephone Nigam Limited & Ors., A letters patent appeal, A SLP U/a 136, Whether 'commercial advertisement' comes within concept of freedom of speech and expression guaranteed under Article 19 (1) (a) ?
Whether commercial speech is fundamental right under Article 19 (1) (a)?, Supreme Court holds that "commercial speech" is a part of the freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution
What is international dispute? What are the various ways of settling the international dispute? Explain Pacific means of settling the dispute. Explain the coercive method of solving the dispute. In this ppt we deal with all these question that will be helpful for law exams.
The TN Land Reforms (Fixation of Ceiling on land) Act, 1961.pptxRoshiniSundarrasu
The Slide Share is about, The Tamil Nadu Land Reforms (Fixation of ceiling on land) Act, 1961 which will help the Tamil Nadu based Law students to learn Land Laws more efficiently with respect to exam point of view.
Near to possession project in noida extension where delivery of apartment will start in this presentation sharing you the current picture of the project of nirala estate and share some suggested project like ratan pearls , aarcity regency park , amaatra homes , trident embassy , arihant arden ,
Lawweb.in judgment of us district court on motion for a negative inference ba...Law Web
Judgment of US District court on motion for a Negative Inference Based upon Plaintiff’s Alleged Deletion of Emails - See more at: http://www.lawweb.in/2016/04/judgment-of-us-district-court-on-motion.html?#sthash.T5WQGg2Q.dpuf
Brownstone Law is an appellate law firm that is led by Robert Sirianni. Our law firm handles civil appeals and criminal appeals. We handle cases in Florida, Georgia, Texas, Illinois, Michigan, and Tennessee. Bond pending appeals and PSR hearings attorneys.
1. UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
PAMALA D. ABRAMS,
Plaintiff,
vs. Case No. 8:04-cv-492-T-17EAJ
R. JAMES NICHOLSON, SECRETARY, U.S.
DEPARTMENT OF VETERANS AFFAIRS,
Defendant.
_________________________________________________________/
ORDER
This cause is before the Court on Defendant, R. James Nicholson’s, Secretary of Veterans’
Affairs, Motion for Summary Judgment filed on November 15, 2005 (Docket No. 19) and Plaintiff,
Pamala D. Abrams’, Memorandum in Opposition to Defendant’s Motion for Summary Judgment, filed
on February 23, 2006 (Docket No. 34).
I. BACKGROUND
Plaintiff, Pamala D. Abrams, is an employee of the James A. Haley Medical Center, a Veteran’s
Hospital in Tampa, FL. Defendant, R. James Nicholson, is the Secretary of Veteran’s Affairs which
oversees Veteran’s Hospitals. Defendant, R. James Nicholson replaced the previous Secretary of
Veteran’ Affairs, Anthony J. Principi, who was originally named as Defendant in the instant case.
Plaintiff is bringing the instant discrimination suit against Defendant under The Rehabilitation Act, 29
2. U.S.C. §794. Plaintiff’s amended complaint (Docket No. 6), filed on July 9, 2004, states that after
sustaining on-the-job injuries at the hospital, she had held the position of a light-duty Licensed Practical
Nurse (LPN) in the Occupational Health department of the hospital. Plaintiff states that she was
informed that her position would be changed on August 15, 2001 to be a telephone operator and would
no longer hold the position of light-duty LPN in the Occupational Health department. Plaintiff did not
accept nor report to the new position as a telephone operator, and demanded to be returned to her earlier
position in the Occupational Health department. Plaintiff’s amended complaint further states that
subsequently, Defendant attempted to create a new position for Plaintiff and wanted Plaintiff to accept
the new position of a Nurse Staffing Coordinator prior to receiving consent from her doctor and from
the Office of Worker’s Compensation Programs. Plaintiff claims that she was assigned the new
positions without her consent due to her perceived disabilities by Defendant and that this is intentional
discrimination because of her disabilities. Defendant has answered with denials and affirmative
defenses. (Docket No. 8) Defendants have responded by stating that Plaintiff was reassigned to new
positions because her disability status changed, and she had more restrictions placed on her by her
doctor which limited her ability to perform the previous job functions. (Docket No. 20) Plaintiff stated
that her disability status had not changed and she was still perfectly capable of performing her job duties
as an LPN in the Occupational Health department of the hospital. (Docket No. 35)
II. STANDARD OF REVIEW FOR SUMMARY JUDGMENT
Summary judgment should be granted if “the pleadings, depositions, answers to interrogatories,
and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any
material fact and that the moving party is entitled to a judgment as a matter of law.” Fed. R. Civ. P.
56(c). The moving party bears the burden of proving that no genuine issue of material fact exists.
Celotex Corp. v. Catrett, 477 U.S. 317, 322-324 (1986). A material fact is one that “might affect the
3. outcome of the suit under the governing law.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248
(1986). There is no genuine issue of material fact if “the record taken as a whole could not lead a
rational trier of fact to find for the nonmoving party . . . .” Matsushita Elec. Indus. Co. v. Zenith Radio
Corp., 475 U.S. 574, 587 (1986). The evidence presented must be construed in favor of the nonmoving
party, and that party must receive the benefit of all favorable inferences that can be drawn from that
party’s evidence. United States v. Diebold, Inc., 369 U.S. 654, 655 (1962). The Court’s function is not
“to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine
issue for trial. “ Liberty Lobby, 477 U.S. at 249.
III. DISCUSSION
Plaintiff Abrams has asserted a claim against Defendant R. James Nicholson claiming a violation
of The Rehabilitation Act of 1973, 29 U.S.C. §794(a) based on discrimination of Plaintiff because of her
disabilities. Three prongs must be met in order to establish a prima facie case of discrimination under
The Rehabilitation Act. The Plaintiff must show: (1) she has a disability; (2) she is otherwise qualified
for the position; and (3) she was subjected to discrimination because of her disability. Sutton v. Lader,
185 F.3d 1203 (11th Cir. 1999). It is undisputed by the parties that Plaintiff has disabilities which meet
prong one of the prima facie case. Whether Plaintiff is otherwise qualified for the position is in dispute.
In order to find if a party is otherwise qualified, the trier of fact must look at whether the party could
perform the essential functions of the position, and if they are not able to, whether they would be able
to with reasonable accommodations. This test must be looked at in an individualized fashion. Chandler
v City of Dallas, 2 F.3d 1385 (U.S. App., 1993); Rauenhorst v United States DOT, FHA., 95 F.3d 715
(U.S. App., 1996).
In addition, if an employee can not perform the duties of a position they were originally hired
for, but they can essentially perform the duties of a light duty position where new accommodations
4. were put into place to allow the employee to successfully perform, then the employee has shown that
they are “otherwise qualified” within the meaning of the act. Karnes v Runyon, 912 F.Supp. 280 (S.D.
Ohio 1995); Easley v West, 1994 U.S. Dist. LEXIS 17789 (E.D. Pa. 1994).
The declarations of Plaintiff Abrams and Plaintiff’s physician, G. E. Vega, M.D. (Docket No.
35) must also be viewed by the Court when deciding summary judgment. These declarations are in
direct opposition to statements made by representatives of Defendant hospital. Because deference must
be given to the nonmoving party when deciding summary judgment, the Court finds that the Plaintiff has
established a prima facie case under the Rehabilitation Act. For these reasons, The Court finds there are
still genuine issues of material fact to be weighed by the trier of fact and, therefore, summary judgment
is not proper in regards to the claim of discrimination under the Rehabilitation Act, 29 U.S.C. §794.
Accordingly, it is
ORDERED that the Motion for Summary Judgment (Docket No. 19) be DENIED as to
Plaintiff’s Rehabilitation Act claim.
DONE AND ORDERED in Chambers, in Tampa, Florida, on this ___ day of August, 2006.
_____________________________
ELIZABETH A. KOVACHEVICH
United States District Court Judge
Copies to: All parties and counsel of record