Today’s blog entry deals with a topic I have not dealt with before and with topics that I have dealt with before. The topic that I have not dealt with before in my eight years of blogging on the Understanding the ADA is the concept of vicarious exhaustion. There are topics that I have dealt
Does a Witness Testifying with a Service animal Violate a Defendant’s Right to a Fair Trial or Violate the Confrontation Clause?
Today’s blog entry explores the following situation. A defendant was charged with multiple counts of aggravated criminal sexual abuse. The victim, R.L., of that abuse suffered posttraumatic stress disorder (PTSD), as a result. She testified at trial with a service dog. The
EEOC View on Covid-19 Vaccinations and the Interrelationship to the ADA and GINA
First off, I want to welcome everyone back from the Christmas and New Year weeks. I hope everybody had a safe and happy week and continues to be safe. Today’s blog entry is something that came out in mid-December from the EEOC. I have not blogged on it yet because there were other things that
College Admission Decisions: The View from Ontario Canada and its Applicability to the U.S.
Usually at this time of year, my last blog entry is devoted to the greatest hits for the year. However, for this year the data points are a bit mixed up because I moved my blog platform to the Lex Blog platform halfway through the year. So, I don’t have data for the whole year.
Effective Communications and Deliberate Indifference Revisited
Today’s blog entry comes out of the Northern District of Georgia, and it involves the question of what is deliberate indifference in effective communication cases. We have talked about effective communication and deliberate indifference numerous times before in the blog. The case of the day is Nix v. Advanced Urology Institute of Georgia198199. By
Cleveland Policy Revisited: Does the Exception Swallow the Rule?
Today’s blog entry deals with the concept of judicial estoppel. As I previously discussed here, the concept says that you make representations in one forum those representations can come back to haunt you later. I have also written on how it is legal malpractice not to be aware of this principle, here179182192195190192192190191193192. In the
Animals on Planes: DOT Final Rule
Miniature horse
yes to non-federal governmental entities; yes to places of public accommodations; but not on planes.
Previously, the Department of Transportation came out with proposed regulations on service animals, here121230180118219189696969197.
Getting the Reasonable Accommodation Process Right and Mandatory Reassignment Revisited
Hope everyone had a great Thanksgiving. We aren’t out of the woods yet with Covid-19. So, please be safe.
Today’s blog entry comes from the Fourth Circuit, Elledge v. Lowe’s Home Centers, LLC1801846767199, a published decision decided on November 18, 2020. The case deals with two issues: failure to accommodate; and whether the
Sierra Redux: Legislative Streaming, Sovereign Immunity, and the 11th Circuit
Today’s blog entry is a case from the 11th Circuit that I have blogged on before at both the Circuit Court level and the District Court level. A link to both can be found here185180191118201. On November 10, 2020, the 11th Circuit vacated their previous opinion issued back in March and re-issued
Fixing the Problem May Alleviate Liability Even in Non-architectural Barrier Cases
Before turning to the blog entry of the day, today is Veterans Day. I want to wish everybody who fought for our country or has family that served in the military a good Veterans Day. I also want to wish everyone a happy Veterans Day.
The case