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
National Federation of the Blind v. Uber Technologies
Today’s case is National Federation of the Blind of California v. Uber Technologies, Inc.. This case is receiving quite a bit of press, but I thought I would offer my own take on it. As is typical for my blog entries, I have divided the blog into categories: facts; issues; holdings; court’s reasoning; and
Are fraternities subject to title III of the ADA?
This blog entry is divided into separate categories: introduction; the statutes; the case of the week; and takeaways. You probably will want to read all of it, but you still have the option to focus on any of the categories you like.
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Introduction
Recently, I ran across this article, in my Google alerts.
Does a web-based business have to comply with title III of the ADA redux
Previously, I blogged on the oral argument in Earll v. eBay and Cullen v. Netflix. On March 19, 2015, the District Court in Vermont came down with this decision in National Federation of the Blind v. ScribD. That decision bears reviewing.
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Facts:
ScribD is a California-based digital library operating reading subscription services
Earll v. eBay and Cullen v. Netflix before the 9th Circuit: Perez matters NOW though nobody seemed to see it
This week is a two fer. At 11 AM Eastern time, the United States Supreme Court will hear argument in Sheehan (my blog entry on that case can be found here). I promise that I will read the transcript of the argument and post my analysis this week.
This particular blog entry involves
Perez v. MBA and it’s Impact on the ADA Universe: Huge and Starting with new DOT Final Regulations
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Introduction
Sometimes a case can have a huge impact on the ADA universe even though it is not an ADA case at all. Gross v. FBL Financial Services 557 U.S. 167 (2009) is one such case and today’s case is another. As is my usual practice, the blog entry has been divided into several
Where does an independent contractor turn if he or she is terminated on the basis of his or her disability?
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Introduction
Let’s say that you have a client that is an independent contractor. The following day after disclosing that he or she has a disability, the independent contractor relationship is terminated. Where does this person turn for a remedy?
The first possibility is to show that the client was not an independent contractor at
Roller coasters and the ADA: It’s baaaaaaaaaaaaaaaaaaack!
In a previous blog entry, I discussed the issue of accessibility to amusement park rides. Well, it is back in the news again. This time from the District Court of New Jersey in an unpublished decision dated December 31, 2014, entitled Masci v. Six Flags Theme Park, Inc., 2014 U.S. Dist. LEXIS 178666
Why can’t more guidances be like this one?
I’m not a big fan of guidances for several reasons: I find that lawyers rely on them as a crutch unnecessarily in many cases; the guidances oftentimes push an agenda and are not based on case law or regulations; as guidances they are not regulations and so therefore are subject to being ignored by the
Do places of higher education with training programs and technical standards now have permission to freely discriminate against persons with disabilities?
In one of my most popular blog entries, ADA compliance auditing: higher education version, I mention technical standards in a comment to that entry. Many training programs as a condition of accreditation have developed technical standards that people in the program must meet in order to get into the program and stay into the