I had already gone through two drafts of putting this blog entry together when I saw that the United States Supreme Court came down with it decision in Cummings (we discussed the oral argument here). One thing Cummings shows me is that predicting the Supreme Court result from the oral argument is a fools
Title III
DOJ Opioid Use Disorder Treatment Guidance Document
By William Goren on
Baseball season has started. Cleveland has a new name. Good luck to everyone with respect to their teams. My Braves are loaded as are the Chicago White Sox. The Chicago Cubs are in rebuilding mode I think. Good luck to everyone!
I actually have an embarrassment of riches with respect to cases to blog…
Internet Accessibility Standing Undoubtedly Headed to Supreme Court
By William Goren on
Posted in 504, ADA, Fair Housing Act, Federal Cases, Final Federal Regulations, Rehabilitation Act, Title III
Consider the same set of facts. Title III’s final implementing contain requirements for hotels to post the availability of accessible hotel rooms, 28 C.F.R. §36.302(e), (don’t get me started on how hotels deal with rooms for Deaf, deaf and HOH customers). Two individuals are self avowed testers that visit websites of hotel to see if…
DOJ’s Guidance on Web Accessibility and the ADA
By William Goren on
Today’s blog entry last week’s guidance issued by the DOJ on web accessibility and the ADA. That guidance can be found here. This blog entry does have categories but not the typical ones. The categories are highlights of guidance, and thoughts/takeaways. I can’t see how the reader is going to want to do anything…
Executive Agency Goings on and How Far Can You Go with a Request for Information
By William Goren on
Y’all may be wondering where my blog entry from last week went. I was absolutely slammed with client matters and could not get to it. I’ve got a moment now. So, this blog entry is going up at the beginning of this week. Before moving onto the blog entry of the day, there have been…
Abstinence Only Requirements R.I.P.?
By William Goren on
In a prior blog entry, here, I discussed how there is an opportunity for plaintiff lawyers when it comes to medical licensing boards and professional recovery programs. On February 2, 2022, that opportunity only increased as a result of a letter from the Department of Justice to the Supreme Court of Pennsylvania and its…
Is Tester Standing a Thing When it Comes to Title III of the ADA
By William Goren on
Today’s blog entry concerns the question of whether a person acting as a tester can ever have standing to pursue ADA claims. The case of today is Lauffer v. Looper, a published decision from the 10th Circuit decided on January 5, 2022, here. As usual, the blog entry is divided into categories and…
Ask for a Remand to State Court Early in Litigation and not Later
By William Goren on
Happy new year everyone! Today’s blog entry deals with the question of what happens when a state passes all kinds of laws to cut down on serial plaintiffs who then flood the federal courts, which do not have the same restrictions, with similar cases. The case of the day is Arroyo v. Rosas, here.…
News of Interest for Deaf, deaf, and HOH Communities
By William Goren on
Hope everyone had a great Thanksgiving weekend.
A couple of housekeeping matters. First, my daughter and I will be heading out to a college that she got into for admitted students day. So, my schedule is really compact this week, and I am not sure I will be able to get up a full blog…
Just Who is an Operator and Facially Neutral Policies: The Ninth Circuit Speaks
By William Goren on
Today’s blog entry comes from the title III blog put out by Seyfarth Shaw, which you can find in my blogroll. As always, Minh Vu does an excellent job with the case. However, as readers of this blog know, I will blog on cases discussed by others if I think I have a different perspective…