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
Constitutional law
Suing a state court system: Shooting down the Defenses
By William Goren on
This posting is later than my usual Monday. However, Monday was Memorial Day and then I had family in.
In a previous blog entry of mine, I discussed how suing a state court system can be done but that it is very complicated. This case discusses the myriad of defenses that arise in such…
City and County of San Francisco, California v. Sheehan Decided
By William Goren on
Previously, I have blogged on the Sheehan case and its oral argument before the United States Supreme Court. Yesterday, the United States Supreme Court came down with the decision in this case, which can be found here:
As expected, they decided with respect to the ADA matter, that the writ of certiorari had been…
ADA, Sovereign Immunity, and the County Jail
By William Goren on
I
Introduction
One of the most complicated topics around is the doctrine of sovereign immunity, which comes from England and says that the King cannot be sued without his consent. We have carried over this doctrine into our 11th amendment to the U.S. Constitution. As we have discussed previously numerous times, there are situations where…
Does a web-based business have to comply with title III of the ADA redux
Previously, I blogged on the oral argument in Earll v. eBay and Cullen v. Netflix. On March 19, 2015, the District Court in Vermont came down with this decision in National Federation of the Blind v. ScribD. That decision bears reviewing.
I
Facts:
ScribD is a California-based digital library operating reading subscription services…
Sheehan Oral Argument; This one is Wild
By William Goren on
Yesterday, the United States Supreme Court heard oral argument (the transcript can be found here), in Sheehan v. City and County of San Francisco, which I discussed in this blog entry. I’ve got to admit that this argument did not go anyway along the lines that I thought it would and here is…
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.…
Understanding ADA: Best of 2014 as Determined by You the Readers
Happy new year everyone!
As we turn to the new year, several of my fellow bloggers have taken a look back at the prior-year on their blogs. I thought that was an absolutely fabulous idea, and thanks to metrics, something that can be easily done. So here are the top 12 most popular Understanding the…
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…
Police liability for ADA/fourth amendment violations comes to the Supreme Court
By William Goren on
It has been awhile since the United States Supreme Court dealt with an ADA question. A fact I am happy with as predicting what the United States Supreme Court does with an ADA question is impossible since the ADA does not break down along traditional liberal conservative lines.
This particular blog entry focuses on a…