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
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
Fundamental Right to Access Legislative Proceedings
Happy Fourth of July holiday everyone!
Today’s case, National Association of the Deaf et. al. v. State of Florida et. al., comes to me from Courtney Cunningham who has been working this case for some time. The National Association of the Deaf (by way of disclosure, I have known the Executive Director of
Transgender: Equal Protection, Due Process, and ADA
One of the topics that we have discussed before (see here for example), is transgender individuals alleging that they have been the victims of disability discrimination. Recently, transgender plaintiffs have also had success in alleging that they are the victims of sex discrimination as sex discrimination includes stereotyping based on gender, which by
Just where are ESA and service animals allowed on college and university campuses? The true false Analysis
I am a little bit late with an entry this week. However, I have a good excuse. My 14-year-old daughter went off to overnight camp for the first time. She will be gone 4 weeks! That leaves my wife and I empty nesters. This is going to take some getting used to.
The blog entry
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
Can DOJ Enforce Title II of the ADA Redux
Previously, we discussed in this blog entry a case out of the Southern District of Florida holding that DOJ had no authority to enforce on its own title II of the ADA. That decision laid out the case against DOJ having independent title II enforcement. However, I thought it would be interesting to discuss