Today’s blog entry discusses the oral argument in two cases heard by the United States Supreme Court last week. Both of which asked the question of whether Chevron deference will continue to be a viable doctrine. We know from reading cases over the years, cases the various justices were involved in while on the various
Final Federal Regulations
Bar Examiners, Colleges and Universities May All Want to Reconsider the Extent of Their Documentation Requests When Receiving Accommodation Requestss
Today’s blog entry come from the Supreme Court of Maryland in a case called In the Matter of Antavis Chavis, here. The case, a 4-3 decision in favor of the plaintiff, should have high-stakes testing entities, and even colleges, and universities reevaluating the documentation they demand before deciding to make accommodations/modifications for an individual…
2023 Understanding the ADA Greatest Hits
I hope those that celebrated had a happy Hanukkah. Merry Christmas, happy new year, and happy holidays to everyone.
Today’s blog entry is my top 11 or so for the year. As is my past practice, I have included important blog entries that do not make the list . Most of those though were…
Courts Going to the Dogs
I hope everyone had a fantastic Thanksgiving weekend. Today’s blog entry goes to the dogs literally. The blog entry talks about two different cases involving service animals and how the court system deals with them. My thanks to Prof. Leonard Sandler, clinical law professor at the University of Iowa Law School for sending along the…
DOJ PUTS Substance Abuse Programs/Professional Health Programs/Physician Recovery Programs on Notice
Happy thanksgiving week everyone!!!
Today’s blog entry is the complaint, here, and consent decree, here, in U.S. v. City of Blaine, MN. The case has incredible parallels to what is going on in the world of health care professionals and Physician Health Programs (substance abuse programs such as discussed in this case,…
Does Title I of the ADA Apply When the Plaintiff is no Longer Qualified/Otherwise Qualified?
Today’s blog entry is not on an issue that I have blogged on previously. It deals with the question of what happens when a person leaves employment and was otherwise qualified during that employment, but after the employment ends, some discriminatory action occurs. Does title I apply since the person is no longer otherwise qualified/qualified?…
Laufer Supreme Court Oral Argument
Today’s blog entry will discuss the oral argument in Acheson Hotels v. Laufer, which took place on October 4, 2023. We previously mentioned the appellate case here (links to the blog entries therein). The two categories of this blog entry are questions from the Justices and thoughts/takeaways. Of course, the reader is free to focus…
Supreme Court and Regulatory Developments and Can a Motion for Summary Judgment be Converted into a Motion to Dismiss
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Supreme Court Update and Regulatory Developments
Before getting started on the blog entry for the week, there was some bizarre developments in the case of Laufer v. Acheson Hotels, which we discussed two weeks in a row here. The developments are very well described by the Seyfarth Shaw firm in their blog,…
Does Morbid Obesity Require an Underlying Physiological Condition: The Texas Supreme Court Speaks
I hope everyone had a Fourth of July weekend that was fantastic and safe.
Our blog entry for the week is a case that we have blogged on before. It asks the question of whether a claim of morbid obesity requires an underlying physical impairment or mental impairment or is just the claim of…
DOJ Weighs in on Laufer and says Laufer loses
Before getting started on the blog for the week, I wanted to let everyone know that the ABA Law Practice Today just published my article entitled AI and Persons with Disabilities: the Good and the Bad. It can be found here.
Last week, we discussed Acheson Hotels brief in the Laufer case. Also…