Previously, we had blogged on the Supreme Court decision that set forth the major questions doctrine, here. In reviewing that blog entry, there really wasn’t much meat on the bone so to speak in terms of just when the major question doctrine would be employed. That decision suggested that it could be employed any
February 2026
Attorneys Representing Federal Employees With Disabilities Need to Prepare for a Lot More Business
Before getting started on the blog entry of the week, an update on the Beaumont Hospital case that we have blogged on twice before. See this blog entry. The update is a consent decree was signed requiring training and a $30,000 payment to the plaintiff. It also has a length of 18 months. I…
Motion to Dismiss Denial of a Service Animal Goes Down in Flames
The Society of Human Resources Management is not the only employer facing litigation for denying a service animal. On January 13, 2026, the Flaming Gorge Resort saw its motion to dismiss with respect to its denial of a service animal for an employee go down in flames (pun intended). The case is O’Connor v. Colett’s…
What’s a Program and ADA Rehabilitation Act Causation Are Not the Same
This week’s blog entry deals with what is a program under Title II of the ADA, and it also discusses the distinction in causation between the ADA and §504 of the Rehabilitation Act. The case of the day is Decker v. Commonwealth of Pennsylvania Department of Corrections, here, a non-precedential decision decided by the…