Abstract
Survival of federal civil rights claims is a crucial question for practitioners, particularly when representing plaintiffs of an advanced age or with life-threatening illnesses such as AIDS. If the claims do not survive, defendants may be encouraged to manipulate the system and drag out litigation until the inevitable happens-the plaintiffs succumb to old age or their illnesses. For the elderly, sick, and dying, abatement of claims has the unfortunate effect of not ensuring that private and public actors have any deterrent to breaking the civil rights laws-the very laws enacted to protect the rights of the elderly and disabled. Either of the approaches recommended here-broad construction of the Utah survival statute, or, more likely, a determination that abatement of these claims is inconsistent with the policies underlying the ADA in particular and all civil rights statutes more generally-should remedy the injustice that Allred sets in motion.
Recommended Citation
Doore, Karen M.
(1998)
"Survival of the Fittest? Waiting out the
Death of the Plaintiff in ADA Claims:
Allred v. Solaray, Inc.,"
Utah Law Review: Vol. 1998:
No.
3, Article 3.
Available at:
https://dc.law.utah.edu/ulr/vol1998/iss3/3