When the Federal Bar Association national convention was held in Kansas City Missouri, I was part of a panel that explored outside the box uses of the ADA. One of the panelist, Jamie Strawbridge, talked about how the ADA/504 can be an alterative to excessive force §1983 cases. The case of the week explores exactly
Title II
Let’s Count the Ways Alcoholism is a Disability
By William Goren on
There is a lot of confusion out there about whether alcoholism is a disability. Illegal use of drugs gets exempted from the ADA but alcoholism is a different story. True, you can evaluate a person engaged in excessive use of alcohol in terms of performance as if the alcohol use doesn’t exist, but that is…
Kluge Latest Decision and it’s Potentially Huge Impact on ADA Failure to Accommodate Cases
By William Goren on
A Twofer: A Short Discussion of How Far the Honest Belief Rule Extends and What Constitutes a Judicial Act
By William Goren on
Today’s blog entry is a real short one. I actually have quite a pile of cases to blog on, but I ultimately decided to keep it short. In particular, I wanted to focus on a couple of different concepts that come up frequently. The first point arises in the case of Gray v. State Farm…
Regarded As Discussed with Clarity Rarely Seen Before and Adverse Action After Muldrow
By William Goren on
The ADA turned 35 this weekend. HAPPY ANNIVERSARY!!!!!!!!!!!!!!!!!!!!!!!
This week’s blog entry is a two-for-one. In the first case, we discuss a case, Meza v. Union Pacific Railroad Company, here, decided by the Eighth Circuit on July 25, 2025. In this case, the Eighth Circuit discusses the regarded as prong of the ADA…
ABA Formal Opinion 517 and How it Pertains to Persons with Disabilities
By William Goren on
This week’s blog entry discusses ABA Formal Opinion 517. That opinion talks about discrimination in the jury selection process under ABA model rule 8.4(g) which prohibits attorneys from discriminating on the basis of various protected characteristics. As readers of my blog know, this has been a long-standing interest of mine. For example, we discussed peremptory…
Stanley Decided
By William Goren on
Posted in 504, ADA, Constitutional law, Federal Cases, Rehabilitation Act, Title I, Title II, Title III
On June 20, 2025, the Supreme Court decided Stanley, which we discussed here. There is no need to go into the facts as we have already covered that previously. Accordingly, the blog entry is divided into the categories of: Justice Gorsuch’s majority opinion; Justice Gorsuch’s plurality opinion discussing how Title I might apply; Justice…
The Equal Protection Classification of Transgender Individuals and its Implications for the ADA Going Forward
By William Goren on
As everyone knows, I normally don’t blog more than once a week but there are exceptions. I had a bit of time this morning and this is a very short blog entry, so I decided to do a blog entry more than once this week. I am not at all sure about my schedule for…
The Case for Why McDonnell Douglas as a Summary Judgment Tool Makes No Sense
By William Goren on
This week’s blog entry discusses Justice Thomas with Justice Gorsuch joining concurring opinion in Ames v. Ohio Department of Youth Services, here. By now, you most likely know that the opinion for the Court written by Justice Jackson, holds that a higher standard of proof is not in order if you are from a…
Osseo Area Schools Decided
By William Goren on
Posted in 504, ADA, Constitutional law, Federal Cases, IDEA, Rehabilitation Act, Title I, Title II, Title VI of Civil Rights Act
Within the last week, the Supreme Court has come down with two decisions of relevance to our blog (Osseo Area Schools and Ames). Each is worth a separate blog. This week’s blog entry is going to be the Osseo Area Schools, which I previously blogged on its oral argument here. As usual, the blog…