Today’s blog entry is a published decision from the Third Circuit, Montanez v. Price, here decided on October 8, 2025 (which was my birthday). It discusses a series of issues, including: the Eighth Amendment; what is a program, service, and/or activity; and nondelegable duty. More specifically, the blog entry is divided into the following categories
Direct Evidence Cases do Exist and Other Good Stuff
Today’s blog entry comes out of the Eighth Circuit, where just don’t see a lot of ADA cases. This case, Equal Employment Opportunity Commission v. Drivers Management, LLC, is a published decision decided on July 10, 2025, and can be found here. The case explores several topics including: 1) direct evidence; 2) logistical undue
Unlawful Disclosure is a Separate Private Right of Action Under Both the Rehabilitation Act and the ADA and other stuff
Today’s blog entry came down to a close call between two cases that were decided last week. In the first case, Robin Shea, of Constangy Brooks, discussed a religious accommodation case, here, which also has significant implications for the disability rights universe. I highly commend her blog entry. I do plan to blog on
Unreasonable Delay is Actionable, Adverse Action Unnecessary, and More Good Stuff
Before getting started on the blog of the week, a housekeeping matter. I usually get my blogs up on Monday and sometimes Tuesday or even Wednesday. However, my daughter just finished her third year of college and is home for a short time before starting her summer gig. So, my schedule for the next couple
Justice Souter’s Impact on the Rights of Persons with Disabilities
As many of my readers know, Justice Souter died last week. I thought I would explore his legacy with respect to the rights of persons with disabilities. As usual, the blog entry is divided into categories and they are: opinions for the court; concurring opinions; dissenting opinions; and Heller v. Doe, a dissenting opinion the
Confluence of State and Federal Laws When it Comes to Service Animals
Today’s blog entry is an update on a prior blog entry we discussed here. In the prior blog entry, we discussed how the police could escape liability when a place of public accommodation did not do the right thing with respect to allowing a service dog in its premises and the police were called.
Remote Learning as a Reasonable Accommodation, Deference to Educational Institutions, and Other Good Stuff
Before getting started on the blog entry of the week, I want to wish everyone celebrating Passover, a happy Passover. Also, want to wish everyone celebrating Easter this weekend, a happy Easter.
Turning to the blog entry of the day, Omar v. Wayne State University Board of Governors, here, decided by the United
The Starting Line is What the ADA and Rehabilitation Act are All About
Picture immediately above is a Track and field starting line (white lane numbers on orange track)
Today’s blog entry has been getting a lot of press on Law 360, which I subscribe to. It was brought to my attention by one of their journalists, Anne Cullen, who wrote an excellent article on it (
A Doubleheader: Direct Threat (Service Animals), and Loper Bright Going Forward
I wanted to get up a short blog entry this week on a couple of points (with baseball season starting, I thought the doubleheader in the title was appropriate). I already know what I am going to be blogging on for next week. Recently there have been two developments that are germane to what we
Surprise Surprise: Service Dogs in Training Are Covered by the ADA
I hope everyone is surviving their March madness pool, if you are participating in one. So far, I am doing okay in the pools I am in. Best of luck to everyone.
Today’s blog entry explores what role does the ADA play with respect to