42 U.S.C. §12102

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Hope everyone had a great Thanksgiving weekend.

Before getting started on the case of the day, I wanted to let everyone know that I have updated two blog entries in the Understanding the ADA blog. First, last week’s blog entry discussing how people in California who associate with a person with a disability have…

Before getting started on the blog entry for the week, I want to wish all those celebrating, a happy Jewish new year.

The blog entry of the week comes from an unpublished decision from the 11th Circuit decided on September 19, 2022, Sugg v. City of Sunrise. It deals with the following…

Today’s case of the day is Harkey v. NextGen Healthcare, Inc., here, decided by the Fifth Circuit in a per curiam decision on July 15, 2022. The case is better known as the sleepwalker claiming disability discrimination case, and it has been over the legal blogosphere due to its sensational facts, which are described…

My daughter completed her classroom component for high school this week and now is just waiting to graduate, so my schedule has been a bit all over the place. Hence, I am getting this blog entry up later in the week than I usually do.

This week’s blog entry is already making the rounds…

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…

Today’s blog entry is a two-for-one dealing with the fact that definitional terms still matter even after the amendments to the ADA. In the first case, Colton v. Fehrer Auto, North America, LLC, we revisit the question of whether being short is a disability without more. In the second case, Darby v. Childvine, Inc.…