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
Board of Trustees of the University of Alabama v. Garrett
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…
Obesity as a Disability and the Case of a Legislator with a Disability Unable to do His Job
By William Goren on
Posted in General
Today’s blog entry is a two-for-one. First off, with respect to being late this week, my daughter started her second year of high school today. So, this week was her last week of summer break, and as you can imagine, things were pretty hectic around here. But, we are now back to the school routine.…
Another Arrow in the Bag for Plaintiffs when it Comes to Disability Discrimination by Governmental Entities
By William Goren on
Posted in General
Before getting started on the blog of the week, I want to express my condolences to the Bush family on the passing of George H.W. Bush. He signed the Americans With Disabilities Act on June 26 of 1990. His son also has a powerful legacy in that regards as he signed the ADAAA. Simply put,…