Before getting started on the blog entry of the week, my daughter will be coming home for spring break this coming Friday. Her break is a week, so it may not be possible to do a blog entry next week. Also, good luck on your men and women in NCAA tourney brackets. Drake University men
Just What are Essential Eligibility Requirements Anyway and Associational Discrimination is a Thing Under Title II
How Much Does it Take to Establish an ADA Disability and Failure to Accommodate Nuggets
Before getting started on the blog entry for the week, I want to wish all those celebrating, a happy Jewish new year.
The blog entry of the week comes from an unpublished decision from the 11th Circuit decided on September 19, 2022, Sugg v. City of Sunrise. It deals with the following
Just Who is an Operator and Facially Neutral Policies
Today’s blog entry come from a case that I found through Law 360. It is a decision by Judge John Kness of the United States District Court for the Northern District of Illinois Eastern Division. The case is Magee v. McDonald’s USA, here, decided on October 5, 2021. The Law 360 article says we
Title III Standing Plus Insurance Coverage for Failure to Accommodate Claims
Today’s blog entry is a twofer. In the first part of the blog entry, we are going to update a case that we previously blogged on here. In the second part of the blog entry, we are going to explore the question of whether general commercial liability insurance policies cover failure to accommodate claims
Just Because §1981 Causation is But For Causation, that Does NOT mean ADA causation is But For
This week’s blog entry is an update on a previous blog entry and a discussion of the recent Supreme Court decision in Comcast, which involves the causation standard for §1981. Of course, what we are interested in is whether Comcast necessarily means the Supreme Court will decide but for causation is the standard for ADA
Indian Tribe Sovereign Immunity and the ADA
Today’s blog entry takes on the question of what happens if a person with a disability decides they want to have a fun time at an Indian owned casino. However, the Indian owned casino does not accommodate their disability. Can the person with the disability go after the Indian owned casino?
The case of
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.
Accommodating Nut Allergies
I know it has been awhile since I did a blog entry, but I have a really good excuse. The last day of May was my daughter’s last day of her freshman year in high school. Then, the following week dealt with chasing her around and also going to Portland Maine for the ABA Law
Causation Under ADA and Rehabilitation Act and a Bonus: LGT Goes to Supreme Court
Hope everyone had a happy Easter and, as in my case, a happy start to the Passover holiday. Today’s blog entry come from one of the blogs that is in my blog roll, Wait a Second. The case is Natofsky v. The City of New York decided on April 18, 2019 out of the Second