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
Emotional distress damages
Think Twice Before Terminating a Student for Disability Related Conduct
By William Goren on
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…
It Was Inevitable: A Court of Appeals Holds Emotional Distress Damages Not Available Under Title II of the ADA
By William Goren on
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…
Cummings Decided
By William Goren on
I have been blogging since December, 2011. In all that time, I can count on one hand the number of times that I have blogged more than once during a week. As far as I can recall, I have never blogged on back-to-back days. I had actually completed two drafts of the blog entry that…