United States Ninth Circuit

In an Americans with Disabilities Act (ADA) action alleging that defendant retaliated against plaintiff for complaining that his manager had discriminated against him based on his disability, an order denying plaintiff the right to seek compensatory and punitive damages is affirmed where the plain and unambiguous provisions of 42 U.S.C. section 1981a limited the availability of compensatory and punitive damages to those specific ADA claims listed, and retaliation was not on the list.

Appellate Information

• Argued 06/02/2009
• Decided 12/11/2009
• Published 12/11/2009

Judges

• RAWLINSON, Circuit Judge:, Before:  JOHNNIE B. RAWLINSON and JAY S. BYBEE, Circuit Judges, and LARRY BURNS, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Richard M. Martinez, Law Office of Richard M. Martinez, Tucson, AZ, for appellant, Tannislado Alvarado.


• For Appellees:
  
• Lori L. Voepel (argued) and Rachel Love, Jones, Skelton & Hochuli, P.L.C., Phoenix, AZ, for appellee, Cajun Operating Co.