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Landmark Cases


Date, Location, Cite: 1998 NY
524 U.S. 624, 118 S.Ct. 2196

Abbott is HIV+, went to Bragdon for routine Dental work. He told her she needed a cavity filled, but that he didn't do HIV+ cavities in his office, only in the OR, but he charged the same. She would have to pay the hospital, however. She sued under the ADA based on discrimination against persons with disabilities. District Court granted her summary judgment, 1st Circuit agreed, saying both the CDC and the American Dental Association said HIV+ patients could safely be treated in the office.
Supreme Ct said HIV+ clearly falls under ADA law, but that public safety part is based on Nassau v. Arline (q.v.) and that the lower Courts had not adequately determined the impact on public safety as a matter of Law. It reversed and remanded the case to get further debate on that issue.