Today’s blog entry is a two for one, both dealing in the failure to accommodate space broadly speaking. The first case is Humphrey v. Memorial Hospitals Association, 239 F.3d 1128 (9th Cir. 2001). That case considers the question of whether conduct related to a disability has to be evaluated differently with respect to the
Federal Cases
Is it Necessary to Allege a Causal Link Between the Accommodation and the Disability?
By William Goren on
Today’s case comes from 2003 and represents the start of a line of cases that I am not sure I have discussed before. I am authoring a chapter in a federal employment litigation treatise on disability discrimination and the case came up during the course of that work. The case is Felix v. New York…
Is Tester Standing a Thing When it Comes to Title III of the ADA
By William Goren on
Today’s blog entry concerns the question of whether a person acting as a tester can ever have standing to pursue ADA claims. The case of today is Lauffer v. Looper, a published decision from the 10th Circuit decided on January 5, 2022, here. As usual, the blog entry is divided into categories and…
Ask for a Remand to State Court Early in Litigation and not Later
By William Goren on
Happy new year everyone! Today’s blog entry deals with the question of what happens when a state passes all kinds of laws to cut down on serial plaintiffs who then flood the federal courts, which do not have the same restrictions, with similar cases. The case of the day is Arroyo v. Rosas, here.…
Did the Supreme Court Actually Clarify Qualified Immunity in City of Tahlequah v. Bond?
By William Goren on
Before turning to today’s blog entry, I want to wish everyone a Merry Christmas, a happy holiday season, and a happy new year. Also, be safe.
Today’s blog entry is really short. Recently, I came across a legal blog entry suggesting that the Supreme Court had clarified the doctrine of qualified immunity in a…
When Must a Person with a Progressive Disability File Suit: Title II Version
By William Goren on
Today’s blog entry deals with the question of what happens when you have an individual with a progressive disability who becomes aware of inaccessibility of a public entity’s facilities. When he becomes aware of inaccessibility issues by the public entity, he files suit but then withdraws it because the accessibility issues are not a problem…
Just Who is an Operator and Facially Neutral Policies: The Ninth Circuit Speaks
By William Goren on
Today’s blog entry comes from the title III blog put out by Seyfarth Shaw, which you can find in my blogroll. As always, Minh Vu does an excellent job with the case. However, as readers of this blog know, I will blog on cases discussed by others if I think I have a different perspective…
Ignorance is Bliss for Police
By William Goren on
Posted in 504, ADA, Constitutional law, Federal Cases, Final Federal Regulations, General, Rehabilitation Act, Title II, Title III, Title V
Before getting started on the blog entry of the week, the Atlanta Braves are world champions!! Our local school district is not going to have school tomorrow. It was senior skip day and the Atlanta Braves parade is tomorrow. So, the decision not to have school makes perfect sense. The community we live in is…
TSA Security Screeners Out of Luck if They Have a Disability
By William Goren on
Today’s case, Kaswatuka v. United States Department of Homeland Security, a published decision from the Fifth Circuit that came down on August 2, 2021, here, deals with an issue we have not dealt with before in our blog. This case concerns a person who works as a security officer at the DFW international Airport.…
What do You Have to Show for Regarded As Claims and the Transitory and Minor Exception
By William Goren on
Today’s blog entry deals with two questions when it comes to regarded as claims. First, just what does a person have to show to qualify for a regarded as claim? Second, for the transitory and minor exception to apply, must that be a situation where the illness is both transitory AND minor? As we will…