Today’s case of the day is Harkey v. NextGen Healthcare, Inc., here, decided by the Fifth Circuit in a per curiam decision on July 15, 2022. The case is better known as the sleepwalker claiming disability discrimination case, and it has been over the legal blogosphere due to its sensational facts, which are described
Fifth Circuit
Are Plasma Centers Places of Public Accommodations?
Previously, we have discussed here and here whether a plasma center is a place of public accommodation under title III. That discussion shows there is already a split in the Circuit Courts on the issue. On August 30, 2019, the Third Circuit weighed in on this in Matheis v. CSL Plasma Inc., A published…
Just What Is a Sales Establishment Anyway per Title III of the ADA?
In a recent blog entry, I discussed a 10th Circuit opinion that talked about just what is a service establishment. This blog entry talks about a similar issue, which is just what is a sales establishment? The case of the day essentially adopts the dissenting view of Judge Holmes in Levorsen, the case referenced…
Does § 504 Apply to Independent Contractors?
Previously, I have discussed here whether § 504 applies to employment. Today’s case, Flynn v. Distinctive Home Care, Inc. (you can find my blog entry discussing the District Court opinion here), takes it even further. Today’s case, explores whether § 504, assuming it applies to employment, applies to independent contractors. As is my usual…
What do you have to show to get damages under title II of the ADA?
With respect to title II of the ADA, and title I for that matter as well, the only way you can get damages is to show intentional discrimination. With respect to suing a governmental entity for violations of title II, what exactly is it that you have to show to get damages? A recent Rehabilitation…