Before getting started on the blog entry of the week, a housekeeping matter, I am thinking that there may be one additional substantive blog for the rest of the year before I do the 2025 greatest hits. My thinking is that one more substantive blog entry after this will appear the week of December 8.
Board of Trustees of the University of Alabama v. Garrett
Sovereign Immunity, State Judiciary, and Other Stuff
By William Goren on
This week’s blog entry is a case that I have had in my blog to file for some time. This is one of Andrew Rozynski’s cases, and it is not the first time I have blogged on one of his cases. In the interest of full disclosure, he and I do stay in touch and…
Direct Liability for a Title II Entity Delegating Their ADA Responsibilities
By William Goren on
On Friday of last week, I presented to the Minnesota CLE Health Law Institute in Minneapolis on working with disabled clients and disabled attorneys. One of the cases that came up is the one that we are going to be talking about this week, Battle v. state of Tennessee, here, decided by the Middle…
Retaliation, Sovereign Immunity, and Title I
By William Goren on
Today’s blog entry is going to be a short one. One of the issues we have discussed quite a bit in a variety of contexts is sovereign immunity. What happens when the claim is retaliation and sovereign immunity is involved? Does sovereign immunity get forcibly waived in that situation? A case answering this question is…
Retaliation and Sovereign Immunity
By William Goren on
Normally, as you all know, I don’t blog on more than one case in a week. However, I will be out of town the first part of next week, and I generally prefer to get blog entries up at the beginning of the week. I am also headed out of town the following week as…
Is There a Remedy When a State Court Judge Discriminates Against an Individual by Reason of Their Disability
By William Goren on
At least once a month, I get a phone call where a judge is treating a person with a disability in their courtroom in a hostile way. The person always wants to know what can be done about it and whether judges are allowed to do that. I have talked before going after the judiciary…
Fourth Circuit Holds Gender Dysphoria is not Excluded by the ADA’s Gender Identity Disorder Exclusion
By William Goren on
Posted in 1983, ADA, Constitutional law, Federal Cases, Final Federal Regulations, Title I, Title II, Title III
We just moved our daughter into college this week and are back home now. Now, the roller coaster begins. So far so good. One thing I did realize is that I now have about an extra 15 hours per week I calculated. My brother says that I should get a new hobby, but I already…
A Twofer: What ADA Title Applies When Filing Interference Claims and Can You Use §1985 as a Workaround
By William Goren on
The blog entry that goes up for this week will be the last one before the week of August 29 as we will be taking our daughter off to college this coming Friday. She moves in the following week. So, no blog entry the week after this one and this one counts for the week…
Sierra Redux: Legislative Streaming, Sovereign Immunity, and the 11th Circuit
By William Goren on
Today’s blog entry is a case from the 11th Circuit that I have blogged on before at both the Circuit Court level and the District Court level. A link to both can be found here185180191118201. On November 10, 2020, the 11th Circuit vacated their previous opinion issued back in March and re-issued…
Sovereign Immunity and Legislative Streaming at the 11th Circuit
By William Goren on
Posted in General
I missed a blog entry last week. However, I had a good excuse. I had pressing client matters at the beginning of the week. In the middle of the week, my parents came in to visit. So, not a lot of available time. I’m back though.
Previously, I have blogged, here, on the…