Today’s blog entry talks about a case that is not an ADA case at all. However, I do expect the case to have a huge impact on a particular area of ADA jurisprudence. As we know, such as discussed here, there has been considerable debate in the courts over whether failure to accommodate cases
Justice Kavanaugh
Have ADA Serial Plaintiffs and Testers Hit a Dead End?
Today’s blog entry discusses the real issue of whether ADA serial plaintiffs, architectural or Internet, and ADA testers will continue to have standing with respect to claims filed in federal court. The case of the day actually has nothing to do with disability discrimination, but in a sense it has everything to do with disability…
But For Causation is not Sole Causation and Other Matters: the Supreme Court LGBT Decisions
This week the Supreme Court came down with the decisions in the LGBT cases, which I previously discussed here. The decision will have an absolute huge impact on people with disabilities in both positive and possibly negative ways. Before moving onto the decision, I do want to say that my wife and I and…
Ministerial Exception
One of the more fascinating areas of law, is the issue arising when a parochial school claims that an educator is a minister. We discussed that issue way back in 2012 in this blog entry. While the Supreme Court there said that a minister was involved, it couldn’t figure out the standard to use.…
What is a Service Establishment and the IRS 20 Factor Test
Before getting started on the blog of the week, would be hard to not mention what happened in Pittsburgh. At our synagogue over the weekend during family minyan, which is a small service that takes place before people go to community/Hebrew/religious school (I am never sure what to call it), we said mourners Kaddish and…