I did not anticipate doing another blog entry until the week of Christmas. However, my daughter’s flight into Atlanta is delayed, and so I have some time. I actually relax by writing (weird I know), and this blog entry is extremely short. So why not? My next blog entry will be the greatest hits of
architectural barriers
In Architectural Barrier Litigation, Plaintiff’s Motivation Doesn’t Matter if Plaintiff Has Transacted Business
I am very regular about posting blog entries for the week. I have rarely missed doing that over the 14 years I have been doing this. I do have a good explanation for missing last week. My father died a week ago today, and I was away for funeral events. By any objective measure he…
ADA Pleading Tips
Happy new year everybody. Hope everybody enjoyed their holiday and is now raring to get back to work. Just to give everybody a heads up, the week of January 28 and February 3 may not see a blog entry for me at all. During those two weeks, I will be testifying in two different trials…
Intent to Return
Hope everyone had a great Thanksgiving week and did not have too hard of a time getting the kids back to school.
Today’s blog entry is going to discuss a couple of cases dealing with standing. In the first, we will discuss standing with respect to physical stores. In the second, we will discuss…
Readily Achievable Defense Even After Alteration?
Before getting started on our blog entry of the week, good luck to the Houston Astros and the Washington Nationals in the World Series starting tonight. Turning to the blog entry of the week, I really really struggled with what to blog on this week. It wasn’t for lack of cases in my pipeline, I…
Defending Against Serial Plaintiff Redux and FCC Exhaustion as a Prerequisite for ADA and Rehabilitation Act Claims
For you baseball fans out there, yesterday was a big day. Both the NL Central and the NL West had a one game play in to decide whether they are going to be the division winner or the wildcard. I’m lucky because my native team, the Chicago Cubs, are assured of a playoff spot (wildcard…
H.R. 620: The Defense Lawyers Full Employment Act
I have a few cases in my pipeline, but there was never any question as to what this week’s blog entry was going to be on. Considering that the House of Representatives passed HR 620 and the Internet has lit up with it, blogging on HR 620 was the only choice for this week. As…
Updates on Karczewski and King
Before proceeding with the blog entry of the day, I want to say that my thoughts and prayers go out to everyone in Houston, Texas. I actually lived in Houston, Texas for a year and ½. It is just awful what is going on there and everyone there is in my thoughts.
The blog entry…
Title III Notice Requirement? and Service Accessibility versus Product Accessibility
This week’s blog entry is a twofer. First, is there a notice requirement to state entities where the state has an antidiscrimination law and a person wants to sue under title III of the ADA? Second, a case discussing that the line between product accessibility and service accessibility is not always so clear. That particular…
2017 Legislation of Interest in Congress
Happy new year everyone!
Since it is the first blog of 2017, I thought I would start with another first. That is, to the best of my knowledge, we have never discussed pending legislation in the U.S. Congress before. There are a couple of interesting bills that are worth discussing and so here goes.…