Hope everyone had a great Thanksgiving weekend.
A couple of housekeeping matters. First, my daughter and I will be heading out to a college that she got into for admitted students day. So, my schedule is really compact this week, and I am not sure I will be able to get up a full blog entry. Also, tomorrow is the oral argument in Cummings, which asks the question whether §504 of the Rehabilitation Act allows for emotional distress damages. It also turns out that oral argument will be heard in a rather complicated Medicare reimbursement case that in part asks the question as to how much currency Chevron deference will continue to get. That question, the continuing viability of Chevron deference, certainly has relevance to what we talk about in our blog. My plan is to print out the transcript for both arguments and then blog on them as my next full blog entry.
So, for this week we have a short one. I am the lead plaintiff in a case against LawPractice CLE, a CLE provider based entirely on the web. Unfortunately, when I tried to access a seminar, I did not have access to captioning or to dial in. Eventually, that led to a lawsuit. The claim in the lawsuit is not that law practice CLE is a place of a public accommodation, but rather that §309 of the ADA mandates that such a provider provide its CLE to Deaf, deaf, and HOH individuals via captioning . Today, we received a denial of the motion to dismiss (see this law360 article, subscription required), and I wanted to pass that along here.
Will be back next week with a longer blog entry discussing two different Supreme Court arguments that go off on 11/30.