In going through my cases in my blog pipeline, I decided to blog on the case of Basta v. Novant Health Inc. It was decided on December 27, 2022, and it is a published decision from the Fourth Circuit. It is a case concerning the effective communication obligations of hospitals to their patients and to
Silva v. Baptist health South Florida inc
Does a Failure to Accommodate Claim Require an Adverse Action?
Today’s blog entry will be the last substantive blog entry of the year. Next week, is the annual Understanding the ADA greatest hits for 2018. This week’s case deals with the question of what happens when you have both a failure to accommodate and a lack of adverse action. Is the plaintiff out of luck?…
Deaf Rights Game Changer Blowback: Silva Severely Narrowed by a Court Within Seventh Circuit
Hope everyone had a great Thanksgiving. As many of you know by now if you are following me on LinkedIn, my blog was selected for inclusion in the ABA web 100 for 2018. This makes five years in a row for me. Since podcasts and twitter are part of the calculus now, the blog…
Deaf Rights Game Changer: Silva v. Baptist Health South Florida Inc.
I imagine most of us are hung over from watching the election returns this week. Here in Georgia, it is still an open question as to whether there will be a runoff for governor. Here in Georgia; the Secretary of State race is going to a runoff; Democrats gained in the Georgia Senate and in…
Just When is a Modification or Accommodation Necessary Under Title III?
Today’s blog entry comes from the 11th Circuit. It involves severely autistic individuals suing Walt Disney Parks and Resorts over their system of accommodating individuals, particularly when it comes to the severely autistic. The case is A.L. v. Walt Disney Parks and Resorts US, Inc., which can be found here. The decision…
Title III Standing and ADA Liability for Real Estate Investment Trusts
I have been blogging since December 2011. In all that time, with the exception of a winter break, I have never taken two weeks off. I do have a reason for doing so here. First, we had Labor Day weekend and then working with co-counsel, David Llewellyn, we had to move things to file a…