Today’s blog entry takes a look at three different cases that either expand on prior blog entries or talk about subsequent developments with prior blog entries. This week is absolutely crazy for me as my daughter is graduating high school this week, probably on Friday, and we have company coming in today. So, the blog
Title III
Using Transitory and Minor Exception as a Preventive Law Tool for Temporary Disabilities Does Not Withstand Further Analysis
By William Goren on
Posted in 504, ADA, Federal Cases, Final Federal Regulations, FMLA, Guidances, Legal malpractice, Title I, Title II, Title III
My daughter completed her classroom component for high school this week and now is just waiting to graduate, so my schedule has been a bit all over the place. Hence, I am getting this blog entry up later in the week than I usually do.
This week’s blog entry is already making the rounds…
Cummings Decided
By William Goren on
I have been blogging since December, 2011. In all that time, I can count on one hand the number of times that I have blogged more than once during a week. As far as I can recall, I have never blogged on back-to-back days. I had actually completed two drafts of the blog entry that…
A Two For: substantial limitation on the major life activity of working and Morbid Obesity the Texas Approach
By William Goren on
Posted in 504, ADA, Final Federal Regulations, Legal malpractice, Rehabilitation Act, State Cases, Title I, Title II, Title III
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…
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…