Before getting started on the blog entry of the week, I do want to recognize the passing of Dolly Parton. I grew up on her music. She will probably go down as one of the greatest songwriters of all time not to mention one of the greatest recording artists of all time, an actress (who
Federal Cases
Must You Show Necessity in a Title II Failure to Accommodate Case? Answer: Maybe Maybe Not
This week’s blog entry deals with a published case from the 11th Circuit decided on August 5, 2026 raising interesting issues about when a Title II entity must provide reasonable modifications, in this case for a public school student. The case of the day is L.E. v. Superintendent of Cobb County School District, here…
Is the Right of a Person with a Disability to Serve on a Jury Just Theoretical or is it Real
Before getting started on the blog entry for the week, a housekeeping matter in order. Next week, I move my daughter in for her final year of college. So, it is entirely possible that I will not have a blog entry next week. I will definitely be back blogging the week after.
Turning to…
Qualified/Otherwise Qualified and Failure to Accommodate: Lots of Easy to Understand Thoughts Emanating from the Eighth Circuit
Before getting started on the blog entry of the week, I wanted to pass along that the Federal Bar Association has announced its award recipients for this year. I am quite honored to be the recipient of the Sarah T. Hughes Civil Rights Award (the history of that award can be found here). I…
A Criminal Defendant’s Waiver of an Appeal Only Goes So Far
I hope everyone is staying cool with the heat of the summer. Also, the World Cup has been absolutely fascinating even if you are not a soccer fan.
This week’s blog entry explores Hunter v. United States , here, decided by the United States Supreme Court on June 18, 2026. It doesn’t really…
Rooker-Feldman Here to Stay, But What Does it Mean for Persons with Disabilities?
Even if you are not a huge soccer fan, the World Cup has been fascinating to watch. Good luck to whatever team you are rooting for.
It is just about the end of the Supreme Court term, so we can expect a flurry of decisions to come down in the next couple of weeks.…
Thoughts on How Housing Providers Might Move Forward After HUD’s Internal Memorandum
Before getting started on the blog entry for the week, a couple of housekeeping matters in order. First, you can now, if you so desire, listen to my blog instead of reading it even if you are not using a screen reader. I know many people would rather have what they see read to them…
Failure to Utilize Internal Reasonable Accommodation Policy Just Might Torpedo a Failure to Accommodate Claim
This week’s blog entry focuses on an unpublished decision, Woodie v. Motorola Solutions, Inc. from the Sixth Circuit decided on March 10, 2025, here. The case highlights the importance of a person with a disability intentionally not pursuing any internal processes for requesting an accommodation. There is well reasoned dissent as well. As usual,…
Leave for Training a Service Animal is a Reasonable Accommodation and the Latest from HUD on Emotional Support Animals in Housing
I did mention in my last blog entry that I might not be posting this week. Turns out, I had some time over the Memorial Day weekend to do a post, so here goes. I do hope everyone had a great Memorial Day weekend.
The blog entry for the week is a two for one…
What’s in a Name Matters: Is it Coaching or is it Impermissible Medical Exams/Disability Related Inquiries
This week’s blog entry is a case that has been previously blogged on by others in the blogosphere. Robin Shea in her blog blogged on our case of the week, here. However, as readers know, there are occasions where I will blog on a case that someone else has talked about first when I…