On June 20, 2025, the Supreme Court decided Stanley, which we discussed here. There is no need to go into the facts as we have already covered that previously. Accordingly, the blog entry is divided into the categories of: Justice Gorsuch’s majority opinion; Justice Gorsuch’s plurality opinion discussing how Title I might apply; Justice
Justice Thomas
The Case for Why McDonnell Douglas as a Summary Judgment Tool Makes No Sense
By William Goren on
This week’s blog entry discusses Justice Thomas with Justice Gorsuch joining concurring opinion in Ames v. Ohio Department of Youth Services, here. By now, you most likely know that the opinion for the Court written by Justice Jackson, holds that a higher standard of proof is not in order if you are from a…
Osseo Area Schools Decided
By William Goren on
Posted in 504, ADA, Constitutional law, Federal Cases, IDEA, Rehabilitation Act, Title I, Title II, Title VI of Civil Rights Act
Within the last week, the Supreme Court has come down with two decisions of relevance to our blog (Osseo Area Schools and Ames). Each is worth a separate blog. This week’s blog entry is going to be the Osseo Area Schools, which I previously blogged on its oral argument here. As usual, the blog…
Muldrow Means the End of Requiring an Additional Adverse Action on Top of the Failure to Accommodate
By William Goren on
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…
Laufer Mooted by Supreme Court
By William Goren on
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…
Have ADA Serial Plaintiffs and Testers Hit a Dead End?
By William Goren on
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…
Expect Every ADA Case in Litigation to Litigate Causation
By William Goren on
Posted in General
Up until about this morning, I had no idea what I was going to blog on this week. I was thinking I was going to blog on a case in my pipeline that is a tour de force with respect to associational discrimination. However, when I started checking my email, I saw in my law…
Interstate Sovereign Immunity
By William Goren on
Posted in General
Today’s blog entry discusses the case that came down from the United States Supreme Court on May 13, 2019, discussing interstate sovereign immunity. The case is Franchise Tax Board of California v. Hyatt. We have blogged on sovereign immunity before, such as here. It is an incredibly complicated area of the law, but…
How is Fry playing out in the lower courts?
By William Goren on
In searching for a blog entry to do this week and striking out with my Lexis alert, I thought it might be interesting to see how Fry v. Napoleon Community Schools, discussed here, was playing out in the lower courts. When I did that, I came across the case of K.G. v. Bluff-Luton Community School …
Perez v. MBA and it’s Impact on the ADA Universe: Huge and Starting with new DOT Final Regulations
By William Goren on
I
Introduction
Sometimes a case can have a huge impact on the ADA universe even though it is not an ADA case at all. Gross v. FBL Financial Services 557 U.S. 167 (2009) is one such case and today’s case is another. As is my usual practice, the blog entry has been divided into several…