Before moving on to the blog entry of the week, some of you may be wondering what happened to the comments section of the blog/website. The host of my blog/website has decided to discontinue that feature for the reasons mentioned here. While very few comments were made on each of the blog entries over
mootness
A Pair of Related Doctrines and a Big Win for Persons with Disabilities
Today’s blog entry is a discussion of two related cases. The comes from the first case comes out of the 11th Circuit. It is Behr v. Campbell, here, and it discusses the Rooker-Feldman doctrine. That decision is a published decision decided on August 12, 2021. The second decision is Lund v. Cowan,…
Standing and What Does a Gateway Mean?
Today’s blog entry deals with two different cases and both of them deal with standing. The first case, Smith v. Golden China of Redwing, Inc., decided by the Eighth Circuit on February 17, 2021, which can be found here185186201204204, is the appeal of a case that we blogged on previously, here186187202205205. We won’t…
Readily Achievable Defense Even After Alteration?
Before getting started on our blog entry of the week, good luck to the Houston Astros and the Washington Nationals in the World Series starting tonight. Turning to the blog entry of the week, I really really struggled with what to blog on this week. It wasn’t for lack of cases in my pipeline, I…
Licensing Boards Need to Rethink Their Practices
Before getting started on the second blog entry of the week, as mentioned in the first blog entry of the week, a few housekeeping matters are in order. First, it is that time of year again to vote for the ABA 100. I have been thrilled to be part of that for the last four…
Internet as a Place of Public Accommodation and Standing
As I have mentioned previously, I am not afraid to blog on cases blogged on by others. Today, is such a situation. Richard Hunt in his Access Defense blog, which you can find in my blogroll, has blogged on a couple of cases recently, and I thought that I could add my own perspective to…
Suing a state court system: Shooting down the Defenses
This posting is later than my usual Monday. However, Monday was Memorial Day and then I had family in.
In a previous blog entry of mine, I discussed how suing a state court system can be done but that it is very complicated. This case discusses the myriad of defenses that arise in such…
Service dogs: you may be surprised how much there is to think about
A twofer: magic words and whether a battle is worth fighting (Title I and Title III)
This week’s blog entry is a twofer. In the first case, we will discuss whether magic words are necessary for getting a reasonable accommodation. In the second case, we will discuss what I believe is the long-term folly of not going the extra mile when it comes to making a place of public accommodation accessible.…