Today’s blog entry come to me courtesy of Clinical Law Professor Leonard Sandler of the University of Iowa, and deals with the question of whether there is an FHA violation when an insurance company allegedly refuses to insure a landlord because the ESA owned by the tenant was one of the prohibited breeds contained in
motion to dismiss
Supreme Court and Regulatory Developments and Can a Motion for Summary Judgment be Converted into a Motion to Dismiss
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Supreme Court Update and Regulatory Developments
Before getting started on the blog entry for the week, there was some bizarre developments in the case of Laufer v. Acheson Hotels, which we discussed two weeks in a row here. The developments are very well described by the Seyfarth Shaw firm in their blog,…
In the Middle District of Florida, Curiosity isn’t Enough to get by a Motion to Dismiss When it Comes to Website Accessibility
Yesterday, I celebrated my birthday. It turns out that both my wife and my daughter had the day off. So, I got some time with the family and some alone time, including watching the Braves lose unfortunately. Still, a great season for the Braves. If you still have a team in the hunt, good luck!…
Fundamental Right to Access Legislative Proceedings
Happy Fourth of July holiday everyone!
Today’s case, National Association of the Deaf et. al. v. State of Florida et. al., comes to me from Courtney Cunningham who has been working this case for some time. The National Association of the Deaf (by way of disclosure, I have known the Executive Director of…
Countering Defenses to Website Accessibility Motion to Dismiss
I know I promised that I would not have a blog this week. However, with the bat mitzvah a week from today, I am going out of my mind. Believe it or not, blogging relaxes me. Also, my wife and daughter are out shopping for the bat mitzvah leaving me alone with my miniature poodle.…
Iqbal/Twombly Pushback and When Might All of Operations of a Private Entity Have To Comply with the Rehabilitation Act
Today’s case is a two fer. We explore two questions. First, if a complaint as originally drafted does not meet Iqbal/Twombly standards, whatever that is:-), does the plaintiff get the right to amend? Second, just what must be alleged in order to survive a motion to dismiss with respect to alleging that a private entity’s…
Using the rehabilitation act to get around sovereign immunity in Title II cases
Under Tennessee v. Lane, the equal protection class persons with disabilities fall into is going to depend upon the facts and circumstances of the individual case. That equal protection class is also going to dictate how likely a state is going to be able to defend on the grounds of sovereign immunity. The question…
Getting to first base: what you need to show standing in title II or title III cases
In our system, the judiciary, in general, does not render advisory opinions . There are a couple of exceptions. Some states have a system, such as Massachusetts, whereby a legislature can request an advisory opinion from their Supreme Court with respect to the constitutionality of proposed legislation. A couple of other instances look like advisory…
Getting to first base: surviving a motion to dismiss
In law school, we learn that the federal system is a notice pleading jurisdiction. The idea behind notice pleading is that you make a general statement as to what the case is about if you are a plaintiff and then the rest is up to discovery. Once discovery is done you can go with the…
Air carrier access act: only one place to go
In a previous blog entry, the Air Carrier Access Act was discussed in terms of whether it allowed for a private cause of action where an airline violated the regulations that carry out that act. However, that blog entry did not answer two questions. First, assuming a private cause of action for violation of that…