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Authors

Rush Colker

Abstract

Congress enacted the 2008 Amendments to the Americans with Disabilities Act (ADA) on September 25, 2008 (2008 Amendments) amidst high hopes that the amended statute would be more plaintiff friendly. My work and the work of others have suggested that, prior to the 2008 Amendments, defendants were prevailing in more than 90% of ADA cases and that the rigorous definition of disability was often to blame for this pro-defendant outcome.

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