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
Federal Cases
The Scope of the Ending Forced Arbitration Act When it Comes to Related Claims
Before getting started on the blog entry for the week, last week, the Federal Bar Association blog posted my piece on the interactive process. It’s an unusual piece of writing in that it talks about the step-by-step approach to the interactive process AND the psychological overtones of the process. Again, as I mentioned in that…
Showing that Removal of Architectural Barriers is not Readily Achievable Doesn’t End the Analysis
This week’s blog entry focuses on what happens if assuming for the sake of argument, renovations are not readily achievable at a place of public accommodation, whether that ends the analysis. The answer is no. The case also discusses just how the burden of proof works with respect to claiming that an accommodation is readily…
Work Product Privilege and AI an Issue Just Not Going Away
This week is disability awareness week. I suppose every week is disability awareness week for me😊. In keeping with the spirit of the week, we have another blog entry.
Previously, we have blogged on whether the work product privilege is jeopardized by the use of AI. In that blog entry, here, we talked…
The Rapidly Evolving World of Service Animals and Emotional Support Animals in Housing
I hope everyone had a happy Easter and had or is having a good Passover.
Also, congratulations to UCLA on their women’s Division I basketball national championship and to Michigan on their men’s Division I basketball national championship.
This week’s blog entry dives into the rapidly evolving world of emotional support animals and…
Looking for Clues: Is a Failure to Accommodate an Adverse Action Post Muldrow?
I hope everyone is enjoying the start of baseball season. The NCAA’s women tournament is about to get very interesting now that they are in a situation where the likelihood, though you never know for sure, is that the top seeds from each region will be in the final four. On the men’s side the…
Lost Opportunity as a Substitute for Emotional Distress Damages in Title II Cases
Before getting started on the blog entry for the week, if anybody is interested in the journey I took to get to my law and consulting practices, I discussed that journey in this article.
This week’s blog entry is an update on a case that we previously blogged on here, Payan v,…
Client Use of AI as an Organizing/Focusing Tool Blows Up Attorney-Client and Work Product Privileges
Before getting started on the blog entry of the week, an update/supplemental information on a couple of prior cases that we have discussed previously. First, EEOC v. William Beaumont Hospital, which we discussed here, resulted in a consent decree. The hospital has to pay the plaintiff $30,000 in noneconomic and compensatory damages. Also, within…
Major Questions Doctrine Gets Shape
Previously, we had blogged on the Supreme Court decision that set forth the major questions doctrine, here. In reviewing that blog entry, there really wasn’t much meat on the bone so to speak in terms of just when the major question doctrine would be employed. That decision suggested that it could be employed any…
What’s a Program and ADA Rehabilitation Act Causation Are Not the Same
This week’s blog entry deals with what is a program under Title II of the ADA, and it also discusses the distinction in causation between the ADA and §504 of the Rehabilitation Act. The case of the day is Decker v. Commonwealth of Pennsylvania Department of Corrections, here, a non-precedential decision decided by the…