Today’s blog entry is a discussion of two related cases. The comes from the first case comes out of the 11th Circuit. It is Behr v. Campbell, here, and it discusses the Rooker-Feldman doctrine. That decision is a published decision decided on August 12, 2021. The second decision is Lund v. Cowan,
Arguments For and Against Whether the Ministerial Exception Applies to Hostile Work Environment Claims
Synagogue (two story)
Previously, I blogged on a Seventh Circuit case discussing whether the ministerial exception applied to hostile work environment situation. In that panel decision, the Seventh Circuit said that the ministerial exception did not apply to situations involving a hostile work environment. You can see the complete discussion of that panel decision
Ability of K-12 Public Schools to Regulate Off-campus Speech
Let’s say you have a situation where you have a severely autistic individual, a person with Tourette’s, dyslexia, or some kind of severe learning disability, all of which can lead to anger when the person gets frustrated. To be clear, I am not saying that all persons with disabilities are prone to anger more so
Have ADA Serial Plaintiffs and Testers Hit a Dead End?
Today’s blog entry discusses the real issue of whether ADA serial plaintiffs, architectural or Internet, and ADA testers will continue to have standing with respect to claims filed in federal court. The case of the day actually has nothing to do with disability discrimination, but in a sense it has everything to do with disability
Legislative Immunity Does NOT Trump Everything
Today’s blog entry is an update on a prior blog entry where I discussed a District Court of New Hampshire decision saying that legislative immunity trumps everything, including the ADA. That case got appealed to the First Circuit. I was very flattered to learn that my blog entry discussing the decision holding that legislative immunity
Legislative Immunity Trumps Everything
Today’s blog entry explores an issue that we have not discussed before. It is hard to believe that after 400+ blog entries over eight years that we could find a topic we haven’t discussed. However, that is the beauty of how comprehensive and all-encompassing the ADA is. Today’s case takes on the question of whether
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
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
Public Schools Ability to Regulate Off-campus Speech in the Digital Age
We now have a new Associate Justice on the United States Supreme Court, Amy Coney Barrett. For those interested in how she might rule on disability rights matters, see this blog entry1821206969198. Today’s blog entry came to me from my involvement with the Federal Bar Association civil rights section. Caryl Oberman, a Pennsylvania attorney
Does the Ministerial Exception Apply to Hostile Work Environment Claims?
Before getting started on the blog entry of the day, I put my absentee ballot in a drop box yesterday. Whoever you are voting for, please do vote. Also, my Braves beat the Dodgers yesterday in game one of the National League championship series. Can they win another three? I see the Tampa Bay Rays