One may wonder how I go about deciding what cases to blog on from week to week. Well, I look in a variety of places: fellow legal bloggers; a Google alert set to the ADA; LinkedIn, Lexblog, and law 360. I subscribe to Law 360 and it is worth every penny. I am able to
Title III Standing Plus Insurance Coverage for Failure to Accommodate Claims
Today’s blog entry is a twofer. In the first part of the blog entry, we are going to update a case that we previously blogged on here. In the second part of the blog entry, we are going to explore the question of whether general commercial liability insurance policies cover failure to accommodate claims
Braille Gift Cards and Title III
It is hard to write on anything that doesn’t have something to do with Covid-19. However, ADA jurisprudence continues and a lot of it happens outside of Covid-19. That said, expect a tremendous amount of issues stemming from Covid-19. We will certainly be following those issues closely. Today, we will be talking about a
After Acquired Evidence and the ADA
Today’s blog entry is a topic that I have never discussed before. Since December 2011, my records show that I have put up 408 blog entries. In not one of them, have I discussed today’s entry. Today’s entry discusses the doctrine of after-acquired evidence and how it works with title I and logically, to a
EEOC and Covid-19 Part II
On April 9, 2020, the EEOC updated its March 17, 2020, what you should know about Covid-19 and the ADA, Rehabilitation Act, and other EEO laws document. I thought it would be a good idea to list the additions below and then discuss a bit. I’m only focusing on the additions since I covered the
Repeated Violations Doctrine
This is a situation I see all the time. Let’s say you are at a university. A student goes to disability services, gets an accommodation plan, even gives it to the teacher. The teacher resists. The student may or may not try to fix it until later in the semester figuring that something will develop.
Animals at Home and on Planes: The Oklahoma and DOT Views
Hope everyone had a happy Memorial Day weekend. I have mentioned from time to time that I use a service dog in the house. But what does he look like? The above picture is the answer. Say hello to Col. Johnny, a four-year-old miniature poodle.
Today’s blog entry is
Using Common Sense for Service Animals and Essential Eligibility Requirements
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In law school, there is a saying that a student goes in with common sense and comes out with common law. However, there is still room for common sense in the law. Today’s blog entry is actually a two-for-one: service dogs with respect to title II and title III, and essential eligibility
Hot ADA Issues For The Lodging Industry
Today’s blog entry, deals with the question of what are the hot issues with respect to the ADA and the lodging industry. As I see it, there are six, but this blog entry will only focus on four of them. Two of those four are encapsulated in 28 C.F.R. §36.302. The four are indemnification
Uber and Title III of the ADA
Uber is back in the news with the filing of this case discussed in this article that came up in my Google alert. I have discussed Uber before as seen in this blog entry. I thought it would be interesting to highlight and discuss some of the features of the complaint and my thoughts.