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
If you waive one law, do you waive others? Intersection of IDEA, § 504, and the ADA
By William Goren on
In the kindergarten through grade 12 context, for students with disabilities, there are actually three laws to be aware of. Those laws are the Individual with Disabilities in Education Act (IDEA), § 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA). IDEA is a law that demands a student with a disability…
Can you be subject to title II and title III at the same time?
By William Goren on
I love to follow sports. Accordingly, over the years, I have found a way to combine my interest in sports with the Americans with Disabilities Act. As far back as the first edition of my book, which is now in its third edition and I am working on the fourth, I have always had a…
Preventive law systems a must: title II and voting booths
By William Goren on
The axiom of preventive law is that we live in such a litigious society that you can’t prevent a lawsuit. However, you can take steps where if you get sued you can win that lawsuit. A case that illustrates as to what happens when you do not have preventive law systems is United Spinal Association…
Is a Mixed Motive Jury Instruction Dead under the Americans with Disabilities Act? Rehabilitation Act?
By William Goren on
At the top of the legal resources section on this page, you will see a link to an article that I wrote regarding whether a mixed motive jury instruction is available under the Americans with Disabilities Act. A mixed motive jury instruction is an instruction that says that liability can exist if the plaintiff can…