In a previous blog entry, I discussed the case of the National Association of the Deaf v. Netflix, a decision from the District Court in Massachusetts. In that discussion, I expressed surprise that not only did Netflix not appeal, they settled for $900,000. The reason I expressed surprise was that this case broke
Granting a right to display doesn’t mean the obligation ends there
By William Goren on
I
Introduction
Let’s say you have this situation. The city holds an outdoor car show allowing a whole bunch of people to display their wares outside. One of the vendors blocks the curb ramps providing persons with disabilities access to the sidewalk in front of the hotel where a person was staying as he was…
Goodbye Safe Harbor Thanks to the Affordable Care Act?
By William Goren on
I
Introduction
My experience with law review articles is that for the most part they are very difficult to read, rarely practical, and rarely on the cutting edge of things with respect to how practitioners are concerned. There are exceptions. For example, in my book, in the ADA and Sports chapter, I spent quite…
Right of a deaf child to access a city’s municipal recreational league
By William Goren on
I recently came across this article on the Internet discussing a case where the parents of an 8-year-old boy who is deaf are suing Greensburg, Pennsylvania, for failing to provide an interpreter for the child while he plays in the city soccer program. According to the article, the suit was filed on May 29, 2014,…
If you do standardized testing, your world as you know it has ended
By William Goren on
My usual practice is to put up a blog entry on Mondays. However, Monday is Memorial Day, and so I thought I would put up a blog entry today, especially since there has been some big news this week. In particular, the Department of Fair Employment and Housing of the State of California, United States…
Litigation strategy and how to make ADA matters worse
By William Goren on
One of my favorite songs of all time is “The Gambler” by Kenny Rogers. For those who don’t know, it is a song about poker, but it might as well be a metaphor about litigation. The chorus of the song goes, “you gotta know when to hold em, know when to fold ’em, know when…
IDEA Exhaustion, Attorneys Fees, and Applicable Statute of Limitations
By William Goren on
Normally, when I am putting together a blog entry, what I do is that I find an interesting case that comes out during the week and then: analyze that case; discuss the court’s reasoning and my take on it; and then offer takeaways. This week I did see a case that met that criteria (it…
Should we now be asking when to bother with the Rehabilitation Act and preventive tips can come from anywhere
By William Goren on
Jon Hyman’s blog is in my blogroll and I want to thank him for calling to my attention the case of Sjostrand v. The Ohio State University. Jon, as always, did a great job in his blog entry, but I want to take a different approach. What I want to discuss is how this…
Looking at Defenses in a Title II case
By William Goren on
This particular blog entry will look at possible defenses that may be raised in a title II case. As is usual, there are different categories. Here we have case of the week, the court’s response to the arguments raised by the defendants in the case, and takeaways. Feel free to focus on any and/or all…
Is attendance always an essential function of the job?
By William Goren on
When the ADA first was enacted back in 1990 and went into effect in 1992, the Internet was just getting started. Back then, it was pretty obvious to everyone that an essential function of the job must mean showing up for it. Since then, technology has evolved quite a bit so now many people can…