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
Upcoming Oral Argument Before the Supreme Court in Stanley
I wanted to tell everyone that my thoughts are with you with respect to weather-related disasters. California struggling terribly with the fires. The South got hit with winter storms. We had 4 inches of snow in Atlanta. Fortunately, it should all be gone by later this afternoon. Again, my thoughts are with everybody.
I
Think Twice Before Terminating a Student for Disability Related Conduct
Today’s blog entry deals with the question of what happens if you are a college or university and a student acts out. The acting out is related to a disability or to medication the person is taking for that disability. Instead of engaging the student or discussing whether reasonable accommodations/modifications might solve the problem, the
There Can Be a Fine Line Between Medical Malpractice and Disability Discrimination
Before getting started on the blog entry of the day, I am currently reading Over Ruled by Justice Gorsuch and Janie Nitze. My passion for constitutional law and legal theory started in college when I took those two separate classes from Professor Rumble while majoring in political science at Vassar College. Now, I enjoy reading
It Was Inevitable: A Court of Appeals Holds Emotional Distress Damages Not Available Under Title II of the ADA
When Cummings v. Premier Rehab Keller was decided, discussed here, it was inevitable that eventually courts would start addressing the issue of whether Title II of the ADA allows for emotional distress damages. During Cummings oral argument, a couple of the Justices anticipated that, and court decisions are beginning to come on this issue. The
Lartigue Update and a Service Animal Roadmap
Hope everyone had a great Easter weekend. The blog of the week is actually a two-for-one. We will discuss an update to a previous blog entry, here. After that, we will discuss a decision from a Colorado appellate court clarifying the rules with
ADA Disparate Impact Claims
When it comes to the ADA, there are three possible kinds of lawsuits. First, disparate treatment. Second, failure to accommodate. Third, disparate impact. You don’t see a lot of disparate impact cases. As a result, I thought it would be useful to blog on a decision dealing with the disparate impact issue. Our case of
Law Firm Gets in Trouble for Not Keeping Confidential Information Gained From a Disability Related Inquiry
Happy new year everyone and hope everyone had a great holiday season.
Today’s blog entry deals with the issue of what happens when an employer doesn’t keep disability related information confidential. The case of the day is Purvenas-Hayes v. Saltz, Mongeluzzi & Bedensky, P.C. decided by the United States District Court for the Eastern
Decision Tree After Fry and Perez
Before getting started on the blog entry of the week, I wanted to give everyone a heads up as to the blogging schedule for the rest of the calendar year. My daughter comes home for a three week break on December 13, so we have this blog this week. I will also have a blog
Kiosk Inaccessibility With a Twist
Previously, I have blogged on the inaccessibility of kiosks. Both of those blog entries, here and here, discussed whether the kiosk was a place of public accommodation. The case of the day, Vargas v. Quest Diagnostics Clinical Laboratories, here, is a bit different. In this case, you have a place that operates to