On Friday of last week, I presented to the Minnesota CLE Health Law Institute in Minneapolis on working with disabled clients and disabled attorneys. One of the cases that came up is the one that we are going to be talking about this week, Battle v. state of Tennessee, here, decided by the Middle
It Was Inevitable: A Court of Appeals Holds Emotional Distress Damages Not Available Under Title II of the ADA
When Cummings v. Premier Rehab Keller was decided, discussed here, it was inevitable that eventually courts would start addressing the issue of whether Title II of the ADA allows for emotional distress damages. During Cummings oral argument, a couple of the Justices anticipated that, and court decisions are beginning to come on this issue. The
DOJ Proposed Rule on Accessibility of Internet Sites and Mobile Apps Used by Title II Entities
Last week, DOJ came out with a proposed rule for title II entities with respect to mobile apps and their Internet sites, here. Certainly big news, so we are going to talk about it. As usual, the blog entry is divided into categories and they are: purpose of proposed rule, need for the rule,
Another Arrow in the Quiver for Plaintiff Attorneys When it Comes to Effective Communication Claims
I would say about 10% of my blog entries deal with ADA related nondiscrimination laws and concepts but not the ADA itself, including such things as the Fair Housing Act, Air Carrier Access Act, and constitutional law. Occasionally, we throw in a state law as well. Today is another one of those, the, Affordable Care
The ADA and the Coronavirus: The Key Concepts Edition
Coronavirus
Everything is about the coronavirus both in our personal lives and in our professional lives. You can find several excellent blog entries on the coronavirus from people in my blog roll, such as but not limited to Jon Hyman and Eric Meyer. I saw the other day that OSHA has weighed in as well.
Sovereign Immunity and Legislative Streaming at the 11th Circuit
I missed a blog entry last week. However, I had a good excuse. I had pressing client matters at the beginning of the week. In the middle of the week, my parents came in to visit. So, not a lot of available time. I’m back though.
Previously, I have blogged, here, on the
Common Misperceptions About Internet Accessibility and ADA Compliance
The idea for today’s blog entry comes to me from Richard Hunt. I recently saw an article talking about Internet accessibility that was full of errors. I sent it along to Richard. I originally wondered if we shouldn’t send a letter to the person who wrote it detailing all the errors. However, we decided that
Animals in Housing: The New HUD Circular
Too big, So, no.
Yes
Not common household animal; must show, “substantial burden.” So, who knows.
Yes as this is a gerbil (Photo by Jared Belson, https://pestpush.com ).
Yes
Last week, I had the privilege of attending and speaking at the Accessibility Professionals Association conference in Round Rock, Texas. I learned a lot at
Animals on Planes? DOT’s Proposed Service Animal Regulations
ADA Pleading Tips
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