This may very well be a week with two blog entries for three reasons. First, there is the blog that will be the subject of this blog entry. Second, if I have this figured right, this is the last week that the Supreme Court has for issuing opinions before their summer recess. I am particularly
Team Illinois Hockey Decided by the Illinois Supreme Court
Picture of Hockey helmet, puck, and stick (brown and black colors).
Before getting started on the blog entry of the day, Dr. Bob Emmons, a forensic psychiatrist, and I just published a peer-reviewed paper in the Journal of American Physicians and Surgeons entitled, “The Americans with Disabilities Act and Appropriateness of Referral In
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
Kansas HB 2016
Recently, the governor of Kansas signed House Bill 2016 giving the Kansas Atty. Gen. all kinds of authority to jump in on lawsuits involving website accessibility, and possibly accessibility in general, if the defendant is a Kansas resident or a Kansas Corporation. I see all kinds of problems with this bill and thought it would
The Greatest Hits 2022 Edition
Today’s blog entry is my yearly wrap up of the most popular blog entries for 2022. As I always do, there are some additional blog entries that I keep in the greatest hits category due to what I believe is their significance even though they may not be the most popular. With respect to the
California Appellate Court Holds Persons Who Associate With Persons With Disabilities Can Have Batson Challenges Exercised on Their Behalf
Previously, such as here, I have written about how Batson/Edmonson challenges could be used with respect to people with disabilities not being allowed to serve on juries. The interesting thing about Batson and its civil equivalents is that whenever I have asked litigators if they have encountered the situation of using Batson to prevent
Interactive Process Obligation Continues Through Litigation
Today’s blog entry deals with the question of whether the interactive process continues through any litigation and whether evidence of that interactive process taking place or not taking place when the case is being litigated can be brought into evidence. The case is Kovachich v. Department of Mental Health and Addiction Services, here, decided
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
California Assembly Bill #468
Emotional support animal fraud is a big deal for not only businesses but for people with disabilities with service animals. Businesses and landlords have to manage it. People with disabilities with service animals wind up in a situation where their service animals might be in jeopardy. Also, the emotional support animal abuse creates a presumption