Today’s case, Aguirre v. California School of Court Reporting-Riverside, 2016 U.S. Dist. LEXIS 167980 (C.D. Cal. December 2, 2016), comes from a publication that I subscribe to call Disability Compliance for Higher Education. It is an excellent publication geared towards the professionals that serve people with disabilities in higher education. It also will
Title III
All Over the Place or What You Have to Show to Get Standing Under Title III of the ADA
By William Goren on
Today’s case, Deutsch v. Abijaoude, from the Western District of Texas (Austin) is a tour de force for discussing the possible standards for standing under title III of the ADA. As is usual, the blog entry is divided into categories: Facts; just what is necessary to show standing?; attorney’s fees and costs; and takeaways.…
Survival of ADA Claims Redux
By William Goren on
Two years ago, I discussed in this blog entry the issue of whether ADA claims survive. In that case, the court looked to local law to decide whether the ADA claim survived. Today’s case, Guenther v. Griffin C Inc., goes one further by holding that it isn’t local law that decides whether claims for…
Endrew Oral Argument and Regulatory Developments
By William Goren on
I just reviewed the transcript of the oral argument before the U.S. Supreme Court in Endrew v. Douglas County School District, which involves figuring out just how far a school district needs to go in order to provide a free appropriate public education (FAPE), under IDEA. Here is what we know from that oral…
2017 Legislation of Interest in Congress
By William Goren on
Happy new year everyone!
Since it is the first blog of 2017, I thought I would start with another first. That is, to the best of my knowledge, we have never discussed pending legislation in the U.S. Congress before. There are a couple of interesting bills that are worth discussing and so here goes.…
Understanding The ADA 2016 Top 10 Blog Entries +2
By William Goren on
Posted in ADA, Constitutional law, Federal Cases, Final Federal Regulations, Guidances, Title I, Title II, Title III, Title V
It is time for the top 10 of 2016. For the most part, the greatest hits stayed the same during the course of the whole year. I believe I updated the greatest hits at the end of the first quarter of this year and then did not do so after that. There were only two…
Let’s go to the movies
By William Goren on
Hope everyone had a great Thanksgiving! Before moving onto the blog of the week, a housekeeping matter is in order. For the third year in a row, Understanding the ADA has been selected as one of the top 100 legal blogs by the American Bar Association. No way could I have done that without…
Fending off the Serial Plaintiff: A Preventive Law Approach in Two Steps
By William Goren on
Over the last couple of months, I have received this phone call close to once a week. So, I thought I should write a preventive law approach to dealing with this. The situation goes like this: potential client owns a small business/restaurant/shopping mall and is worried about fending off a serial plaintiff either presently or…
A Donald Trump Administration and the Rights of Persons with Disabilities
Before moving on to the post of the week, you will notice that the blog has a new look and feel. I upgraded the blog so that it is better able to be used on mobile devices and more importantly the upgrade increases its ability to be accessible. Besides the look, you will see that…
Service Dogs And Emotional Support Animals with Respect to Title I of the ADA (Employment)
By William Goren on
Posted in ADA, Federal Cases, Final Federal Regulations, Rehabilitation Act, State Cases, Title I, Title II, Title III
Before getting started on the blog entry of the day, I would be remiss if I didn’t note that the Cubs are back in it! Winning two games against a very tough Cleveland team in Cleveland with a likely Hall of Fame manager is going to be very tough. Go Cubs!
Last week, a person…