Today’s blog entry is a two for one, both dealing in the failure to accommodate space broadly speaking. The first case is Humphrey v. Memorial Hospitals Association, 239 F.3d 1128 (9th Cir. 2001). That case considers the question of whether conduct related to a disability has to be evaluated differently with respect to the
Just When Does the Statute of Limitations Begin to Run in Legal Malpractice Cases
By William Goren on
Posted in ADA, Legal malpractice
Today’s blog entry returns us back to the world of legal malpractice. You simply do not see a lot of legal malpractice with respect to ADA matters, and I have always wondered why. We have discussed legal malpractice with respect to ADA matters before, such as here. The case of the day is Suburban…
Is it Necessary to Allege a Causal Link Between the Accommodation and the Disability?
By William Goren on
Today’s case comes from 2003 and represents the start of a line of cases that I am not sure I have discussed before. I am authoring a chapter in a federal employment litigation treatise on disability discrimination and the case came up during the course of that work. The case is Felix v. New York…
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.…
Georgia Supreme Court Clarifies Judicial and Quasi-judicial Immunity
By William Goren on
I hope everyone had a Merry Christmas and is having a happy holiday season. Today’s blog entry comes from the Supreme Court of Georgia in a case decided November 23, 2021. It has absolutely nothing to do with the ADA per se but then again it very much does. The case goes to the question…
Did the Supreme Court Actually Clarify Qualified Immunity in City of Tahlequah v. Bond?
By William Goren on
Before turning to today’s blog entry, I want to wish everyone a Merry Christmas, a happy holiday season, and a happy new year. Also, be safe.
Today’s blog entry is really short. Recently, I came across a legal blog entry suggesting that the Supreme Court had clarified the doctrine of qualified immunity in a…
December 14 Update to EEOC Covid-19 What You Should Know Guidance
By William Goren on
Today’s blog entry focuses on the EEOC update pertaining to what you should know about Covid-19 that came down on December 14, 2021. The only section that has been added is §N. One wonders what will happen when they run out of alphabet letters, AA perhaps? As far as the guidance goes, some of it…
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…
EEOC Latest Update on What You Should No About Covid-19 and the ADA, the Rehabilitation Act, and Other EEO laws
By William Goren on
With Thanksgiving week coming up and my wife and daughter coming back from a college trip later today, I thought I would get a blog entry up this weekend for the Thanksgiving week.
It has been a while since we talked about EEOC guidance on Covid-19. In fact, since our last discussion, the EEOC has
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