I hope everyone is getting back into the swing of the new year. Next week, I will be visiting my daughter in between January term and second semester. I will be here Monday but leave Tuesday and back Friday. So, I am not sure of the timing of the blog entry for next week. This
Title IV
ADA and Class Actions; Not Impossible (Prisons)
By William Goren on
Posted in ADA, Constitutional law, Federal Cases, Final Federal Regulations, Title I, Title II, Title IV
Previously, I have written on whether class actions are possible with respect to ADA claims considering how ADA claims are inherently focused on individual analysis. From reading the case law on a regular basis, I am seeing class actions being allowed with respect to Olmstead claims. Outside of that, it tends to be hit or…
Earll v. eBay and Cullen v. Netflix before the 9th Circuit: Perez matters NOW though nobody seemed to see it
By William Goren on
This week is a two fer. At 11 AM Eastern time, the United States Supreme Court will hear argument in Sheehan (my blog entry on that case can be found here). I promise that I will read the transcript of the argument and post my analysis this week.
This particular blog entry involves…
transvestism, transsexualism, gender identity disorders and ADA; True-False version
By William Goren on
Posted in ADA, Constitutional law, Final Federal Regulations, Title I, Title II, Title III, Title IV, Title V
First, a housekeeping matter. I will be away next week, and so the next blog you will see after this week, unless I somehow blog later in the week, will be two weeks from today. Recently, the constitutionality of the transvestism exclusion in the ADA has been in the news.
True or False:
1.…
Survivability of ADA claims II
By William Goren on
My last weekend was absolutely crazy. Then, client matters kind of took over. Therefore, I am later than usual in getting my blog up for the week. Glad to say, here it is.
In a recent post, I discussed the survivability of ADA claims. It all seemed pretty cut and dry. That is, look…
Survivability of ADA claims
By William Goren on
I
Intro and Facts
When I was trying to figure out what to write on this week, one of the cases that I came across involved Barbara Walters (Walters v. Cowpet Bay West Condominium Association, 2015 U.S. Dist. LEXIS 13 (D. Virgin Islands, January 2, 2015)). Really, no kidding! Except, it is not THE Barbara…
Obesity, International law, and the ADA
By William Goren on
Posted in ADA, Constitutional law, Rehabilitation Act, Title I, Title II, Title III, Title IV, Title V
I want to wish everyone a happy holiday, whether it be Hanukkah or Christmas or another holiday being celebrated this season. In keeping with the international spirit of the season, I thought I would focus this blog entry on international law.
Starting in the first edition of my book and continuing in all the subsequent…
Does the ADA encompass a hostile work environment claim?
By William Goren on
Does the ADA encompass a hostile work environment claim? (I have mentioned hostile environment before but that was in the context of the Office of Civil Rights and education). According to the Northern District of Oklahoma in Callahan v. Communication Graphics, 2014 U.S. Dist. LEXIS 172148 (N.D. Okla. December 12, 2014), the answer…
Getting to first base: surviving a motion to dismiss
By William Goren on
In law school, we learn that the federal system is a notice pleading jurisdiction. The idea behind notice pleading is that you make a general statement as to what the case is about if you are a plaintiff and then the rest is up to discovery. Once discovery is done you can go with the…
The violation of a regulation implementing the ADA create a private remedy
By William Goren on
Over the years, it isn’t often that I see a missed opportunity (see below for a further discussion of whether an opportunity was really missed here), by a defendant in an ADA case to make a plaintiff’s litigation more difficult when the law allows them to do so. It is possible (though a for sure…