Today’s blog entry comes to me courtesy of Prof. Leonard Sandler, a clinical law professor at the University of Iowa. He sent me the case of Goldup v. Casino decided by the United States District Court for the Southern District of California on January 31, 2025. There are two aspects of the case, which can
DOJ Frequently Asked Questions Documents and Service Animals Revisited
Before getting started on the blog entry of the week (I had a few hours to myself and I find writing blog entries relaxing, NK), I want to wish everyone a Merry Christmas, happy Hanukkah, happy holidays, and a happy new year.
In 2015, Department of Justice issued a guidance entitled, “frequently asked questions about…
2024 Understanding the ADA Greatest Hits
It is that time of the year for the greatest hits of 2024. The greatest hits section of the blog contains the top 10 for the year as well as certain other blog entries that are not in the top 10, but I feel are very important to know are out there. Here goes the…
Remedy for Suing Federal Government for Disability Discrimination Outside of Employment
A couple of housekeeping matters before getting started on the blog of the week. First, I hope everybody had a happy Thanksgiving weekend. We kept ours small with lots of food. Second, I expect one more substantive blog entry for this calendar year, next week. Also, I expect to do my top Understanding ADA blog…
Trial Judge Gets Hammered for Not Accommodating a Probable Disability of Trial Counsel and the ADA Not Even Involved
I started writing this blog on election day, which turned out to be very interesting by the end of it with President Trump winning both the popular and electoral votes. Of course, the next question is what does that election mean for persons with disabilities. We don’t know, but a few immediate thoughts come to…
Direct Liability for a Title II Entity Delegating Their ADA Responsibilities Redux
Before proceeding with today’s blog entry, I want to wish everyone celebrating a happy new year. I realize that my blog entry is late this week, but I have a good reason for it. We got back from parents weekend last Sunday, then had to deal with Helene damage, which fortunately was not anything that…
There Can Be a Fine Line Between Medical Malpractice and Disability Discrimination
Before getting started on the blog entry of the day, I am currently reading Over Ruled by Justice Gorsuch and Janie Nitze. My passion for constitutional law and legal theory started in college when I took those two separate classes from Professor Rumble while majoring in political science at Vassar College. Now, I enjoy reading…
It Was Inevitable: A Court of Appeals Holds Emotional Distress Damages Not Available Under Title II of the ADA
When Cummings v. Premier Rehab Keller was decided, discussed here, it was inevitable that eventually courts would start addressing the issue of whether Title II of the ADA allows for emotional distress damages. During Cummings oral argument, a couple of the Justices anticipated that, and court decisions are beginning to come on this issue. The…
§1557 Final Rule as it Applies to Persons with Disabilities
Back in 2015, I blogged on the ACA proposed final regulations as it affected non-discrimination against persons with disabilities, here (this blog entry is still worthwhile reading). It turns out that the rule was finalized in 2016. Somehow, I didn’t blog on that. Now, HHS has issued a revised final rule for §1557. I…
HHS Final §504 Regulations
As I anticipated, it was not possible for me to get a blog entry up last week with all the traveling I was doing. However, I am back now. Recently, HHS came out with their final 504 regulations, which we previously blogged on the proposed regulations here. There were a few changes that are…