I had already gone through two drafts of putting this blog entry together when I saw that the United States Supreme Court came down with it decision in Cummings (we discussed the oral argument here). One thing Cummings shows me is that predicting the Supreme Court result from the oral argument is a fools
Ask for a Remand to State Court Early in Litigation and not Later
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.
Georgia Supreme Court Clarifies Judicial and Quasi-judicial Immunity
I hope everyone had a Merry Christmas and is having a happy holiday season. Today’s blog entry comes from the Supreme Court of Georgia in a case decided November 23, 2021. It has absolutely nothing to do with the ADA per se but then again it very much does. The case goes to the question
A Pair of Related Doctrines and a Big Win for Persons with Disabilities
Today’s blog entry is a discussion of two related cases. The comes from the first case comes out of the 11th Circuit. It is Behr v. Campbell, here, and it discusses the Rooker-Feldman doctrine. That decision is a published decision decided on August 12, 2021. The second decision is Lund v. Cowan,
Have ADA Serial Plaintiffs and Testers Hit a Dead End?
Today’s blog entry discusses the real issue of whether ADA serial plaintiffs, architectural or Internet, and ADA testers will continue to have standing with respect to claims filed in federal court. The case of the day actually has nothing to do with disability discrimination, but in a sense it has everything to do with disability
Words from New Jersey Worth Looking at with Respect to Adverse Action in Failure to Accommodate Cases and Workers Compensation Exclusivity
Today’s case explores the arguments as to why an adverse action is not necessary in failure to accommodate cases. As a bonus, it also explores how workers compensation exclusivity does not preempt a state’s disability antidiscrimination law. The case of the day is Richter v. Oakland Board of Education decided on June 8, 2021, by
CBD Oil, Marijuana, and the Viability of ADA Failure to Accommodate Claims
Before moving on to the blog entry of the week, a couple of housekeeping matters. First, one of the things that I do is act as a FINRA arbitrator. There is a final hearing all of next week. The final hearing will be conducted virtually over zoom. I have been absolutely amazed with how FINRA
Continuing Legal Education of Interest: Intersectionality of ADA, ADA, ACAA, State Negligence Laws plus Animals on Planes
Please find below, a continuing legal education webinar that I am doing in the first week of May. It has two parts to it. The first part will be discussing the intersection of the Airline deregulation act, the air Carrier Access act, the ADA, and state negligence
Sierra Redux: Legislative Streaming, Sovereign Immunity, and the 11th Circuit
Today’s blog entry is a case from the 11th Circuit that I have blogged on before at both the Circuit Court level and the District Court level. A link to both can be found here185180191118201. On November 10, 2020, the 11th Circuit vacated their previous opinion issued back in March and re-issued
Can DOJ Enforce Title II of the ADA Redux
Previously, we discussed in this blog entry a case out of the Southern District of Florida holding that DOJ had no authority to enforce on its own title II of the ADA. That decision laid out the case against DOJ having independent title II enforcement. However, I thought it would be interesting to discuss