Last week, the United States Supreme Court heard the trio of LGBT cases. I was previously on record as saying that I expected sexual orientation to be a difficult call, and the transgender plaintiff would win because discrimination occurring against transgender individuals is usually based upon stereotypes. I then read the transcript of the oral
Domino’s Cert. Denial and What Does it Mean?
Before getting started on the blog of the week, a couple of housekeeping matters are in order. First, I am delighted that you have decided to visit my blog on my birthday (October 8). For trivia nuts, it is also the anniversary of the great Chicago fire.
DOJ can enforce title II of the ADA for now
Next week, my daughter is on break. She has one of those schedules where they are on for six weeks and then off for one week. They do get two weeks for winter vacation. So, since my schedule is likely to be all over the place next week, I thought I would do another blog
Massage Envy Decided by 11th Circuit
Today’s blog entry will focus on the decision from the 11th Circuit decided September 12, 2019, on the Massage Envy case we discussed here. In this decision, the 11th Circuit affirmed the opinion of the lower court holding that regarded as does not apply to fear of a future disability. As mentioned
Are Plasma Centers Places of Public Accommodations?
Previously, we have discussed here and here whether a plasma center is a place of public accommodation under title III. That discussion shows there is already a split in the Circuit Courts on the issue. On August 30, 2019, the Third Circuit weighed in on this in Matheis v. CSL Plasma Inc., A published
ADA Statute of Limitations and What Does Due Process Look Like at a Public College or University
Today’s blog entry explores the question of when does a statute of limitations begin to run in an ADA case not dealing with a failure to accommodate. It also explores the question what might an ADA grievance procedure look like. Our case of the day is Endres v. Northeastern Ohio Medical University decided by the
Lewis v. Union City Yet Again
Is Causation Under Title I But For Causation? Ninth Circuit Says Yes; I Say No
Before starting on today’s blog entry, I do want to wish a speedy recovery to Justice Ginsburg. Regardless of your political views or your jurisprudential views, you can’t argue that Justice Ginsburg is not one of the legal titans of the late 20th and early 21st century. Wishing her a speedy recovery.
Website Litigation in California About to get a Whole Lot Bigger
I now have an embarrassment of riches. A whole bunch of cases in my pipeline. It happens sometimes that way. Before I get started, if you are the father of a daughter that plays athletics or a daughter that played athletics and wants a book that explains the impact that can have on a person,
DOT Final Statement of Enforcement Priorities Regarding Service Animals
Last week, I had the opportunity to attend the Olmstead at 20 conference held at Georgia State law school here in Atlanta Georgia. Hats off to Susan Goico who led the organization of the conference. It brought together leading