Today’s blog entry come from the First Circuit, Laufer v. Acheson Hotels, LLC, here. It discusses standing and creates a split in the circuits. Undoubtedly, this issue will go before the Supreme Court. The facts of the case are pretty straightforward. What you have is a serial plaintiff and an avowed tester of Internet
Fundamental Alteration, Undue Burden, Deliberate Indifference, Facially Neutral Policies, and the Title II entity
Today’s blog entry comes to me courtesy of Richard Hunt, who in his blog will often do many briefs of several cases at once. He focuses on title III and the Fair Housing Act, especially from the defense side. However, he did mention our case of the day in one of his blogs, and I
Sovereign Immunity and Legislative Streaming at the 11th Circuit
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
Okay Boomer at the Supreme Court and What Does That Have to do with the ADA
I am not sure about blog entry times for the next couple of weeks. Next week, I will be attending and speaking at the Accessibility Professionals Association conference in Round Rock, Texas. Sometime within the next two weeks, I will be testifying as an expert witness in a trial in Houston. So, not sure when
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
Intent to Return
Hope everyone had a great Thanksgiving week and did not have too hard of a time getting the kids back to school.
Today’s blog entry is going to discuss a couple of cases dealing with standing. In the first, we will discuss standing with respect to physical stores. In the second, we will discuss
ADA Statute of Limitations and What Does Due Process Look Like at a Public College or University
Today’s blog entry explores the question of when does a statute of limitations begin to run in an ADA case not dealing with a failure to accommodate. It also explores the question what might an ADA grievance procedure look like. Our case of the day is Endres v. Northeastern Ohio Medical University decided by the
Medical Licensing Boards, Physician Health Programs, and the Lack of ADA Compliance: an Opportunity for Plaintiff Lawyers
Before getting started on the blog of the week, some housekeeping matters. First, my blog was late this week. My daughter came home from camp on Monday, and so my time is different than it usually is. Second, starting tomorrow, my family will be in Chicago visiting both sides of the family. So,
Repeated Violations Doctrine
This is a situation I see all the time. Let’s say you are at a university. A student goes to disability services, gets an accommodation plan, even gives it to the teacher. The teacher resists. The student may or may not try to fix it until later in the semester figuring that something will develop.
Deaf Rights Game Changer Blowback: Silva Severely Narrowed by a Court Within Seventh Circuit
Hope everyone had a great Thanksgiving. As many of you know by now if you are following me on LinkedIn, my blog was selected for inclusion in the ABA web 100 for 2018. This makes five years in a row for me. Since podcasts and twitter are part of the calculus now, the blog