In a recent blog entry, I discussed a 10th Circuit opinion that talked about just what is a service establishment. This blog entry talks about a similar issue, which is just what is a sales establishment? The case of the day essentially adopts the dissenting view of Judge Holmes in Levorsen, the case referenced
title III
Just What Is a Service Establishment Anyway?
By William Goren on
Just what is a service establishment under title III of the ADA? A published case from the 10th Circuit that came down on July 12, 2016, Levorsen v. Octapharma Plasma, Inc., deals with this question. As is usual, the blog entry is divided into categories: facts, 42 U.S.C. § 12181(7)(F); majority reasoning; reasoning…
ADA and ADA Related Cases at the Supreme Court: Where They Have Been and What Is Next
By William Goren on
Did you know that persons with disabilities are undefeated at the Supreme Court when it comes to title II and title III matters? It’s true.
Let us explore the ADA and ADA related cases that have been before the United States Supreme Court since the ADA went into effect. If I have this figured right,…
ADA and Landlord-Tenant obligations
By William Goren on
Just what are the obligations of landlord and tenant with respect to ADA compliance? Does it matter if an architectural issue is involved or if it is an issue involving practices, policies, and procedures?
Our case of the day that answers this question is Supancic v. Turner, 2016 Cal. App. LEXIS 4235 (Cal. App.…
ADA/Rehabilitation Act Applies to Externship, Internship, and Practicum Sites
By William Goren on
I am back from a week of doing the family thing in Chicago. Of course, I need a vacation. That said, nothing like relaxing by putting up a new blog entry. That said, for reasons I don’t know when I pasted the entry from word into the appropriate box in word press (word press is…
Uber’s Settlement with the National Federation of the Blind
By William Goren on
This week’s blog entry discusses Uber’s settlement with the National Federation of the Blind. The blog entry is divided into two categories: the terms of the settlement; and just how is Uber covered by the ADA and thoughts. The reader is free to focus on any or all of the categories, but since the blog…
NCAA Mental Health Best Practices and the ADA
By William Goren on
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NCAA Mental Health Best Practices and the ADA
Recently, the NCAA came out with best mental health practices for student athletes. Those best mental health practices can be found here. What I am particularly concerned with is Appendix F, which has all kinds of screening questions designed to assess whether a student athlete has…
Remember that Law School Exam? Defenses Run Amok
For those who remember law school, the typical law school exam was a completely crazy hypothetical with thousands of issues in it. The idea was to spot all the issues and somehow mention that you knew how to deal with them within the allotted timeframe. I was reminded of that experience when I read National…
Burden of Proof When Remediation at Issue
By William Goren on
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…
ScribD Settles and Some Thoughts
By William Goren on
Happy new year everyone!
Since I started blogging four years ago, I had never taken a two-week break before. Since my daughter was off from school and my wife took some days off, I decided to give that a shot. Now I am back and ready to get back at it. A two week break…