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To: agrace
I haven't gotten there yet, but what do you think about this - Whittemore claims that she doesn't qualify under ADA because it requires that absent disability, she would have been eligible for the service being denied. Whittemore says that without her disability, she wouldn't need the feeding tube.

But Greer has ruled that she is not allowed oral nutrition and hydration either, something that she most DEFINITELY would need without her disability.

I sure hope Gibbs addressed this in his appeal.

I think any appeal of this decision is likely to have a chance -- my guess is that it will be embarrassing for any judge to sign off on a review of this 'decision'. I think a few law students could have slapped this few pages of folderol together in two hours.

128 posted on 03/25/2005 11:37:25 AM PST by snowsislander (Isa41:17-When the poor and needy seek water,and there is none,and their tongue faileth for thirst...)
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To: snowsislander
I don't know if you have any legal training, but there's nothing in the opinion you provided the link to (thanks, by the way) that looks like reversible error to me.

It's just more of the same that was filed on Monday, only a further reach.

I fully expected Gibbs to make a showing that he had new evidence of Terri's condition and demand a new trial. That's what I advised him to do. Either he doesn't have new evidence, or he thinks I'm full of crap. Regardless, he chose this path which I'm convinced will lead to Terri's death.

130 posted on 03/25/2005 11:46:32 AM PST by Dog Gone
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