The Blog of William D. Goren, J.D. LL.M.
Today’s case of the day deals with two questions. First, just how does association standing work? Second, what is the burden of proof when it comes to figuring out whether something is readily achievable per title III of the ADA?
The case is Schalamar Creek Mobile Homeowners Association, Inc. v. Adler decided by the…
Happy new year everybody. Hope everybody enjoyed their holiday and is now raring to get back to work. Just to give everybody a heads up, the week of January 28 and February 3 may not see a blog entry for me at all. During those two weeks, I will be testifying in two different trials…
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…
For you baseball fans out there, yesterday was a big day. Both the NL Central and the NL West had a one game play in to decide whether they are going to be the division winner or the wildcard. I’m lucky because my native team, the Chicago Cubs, are assured of a playoff spot (wildcard…
I have a few cases in my pipeline, but there was never any question as to what this week’s blog entry was going to be on. Considering that the House of Representatives passed HR 620 and the Internet has lit up with it, blogging on HR 620 was the only choice for this week. As…
Over the last couple of months, I have received this phone call close to once a week. So, I thought I should write a preventive law approach to dealing with this. The situation goes like this: potential client owns a small business/restaurant/shopping mall and is worried about fending off a serial plaintiff either presently or…
Until last week, several of my blog entries before that, with the exception of the year ender blog entry, where all employment law focused. While I would say up to 40% of my blog entries, probably more likely a third, deal with employment issues, it isn’t accurate to say that my practice focuses exclusively on…
As is my practice, I have divided this blog entry into four parts: the facts of the case; the issues; the court’s reasoning; and the takeaways. Feel free to read some or all of the blog entry.
Consider the following:
I
Facts:
Person has a favorite restaurant. Subsequently, he is involved in an accident and…
Title III of the ADA requires that any new buildings, after 1992, be built in accordance with strict architectural guidelines that mandate accessibility for persons with disabilities. Also, any renovations to buildings, whether the building is built before 1992 or otherwise must be made in a way so that the renovations are accessible to persons…