Today’s blog entry returns us back to the world of legal malpractice. You simply do not see a lot of legal malpractice with respect to ADA matters, and I have always wondered why. We have discussed legal malpractice with respect
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Is it Necessary to Allege a Causal Link Between the Accommodation and the Disability?
Today’s case comes from 2003 and represents the start of a line of cases that I am not sure I have discussed before. I am authoring a chapter in a federal employment litigation treatise on disability discrimination and the case…
Is Tester Standing a Thing When it Comes to Title III of the ADA
Today’s blog entry concerns the question of whether a person acting as a tester can ever have standing to pursue ADA claims. The case of today is Lauffer v. Looper, a published decision from the 10th Circuit decided on January…
Ask for a Remand to State Court Early in Litigation and not Later
Happy new year everyone! Today’s blog entry deals with the question of what happens when a state passes all kinds of laws to cut down on serial plaintiffs who then flood the federal courts, which do not have the same…
Did the Supreme Court Actually Clarify Qualified Immunity in City of Tahlequah v. Bond?
Before turning to today’s blog entry, I want to wish everyone a Merry Christmas, a happy holiday season, and a happy new year. Also, be safe.
Today’s blog entry is really short. Recently, I came across a legal blog…
December 14 Update to EEOC Covid-19 What You Should Know Guidance
Today’s blog entry focuses on the EEOC update pertaining to what you should know about Covid-19 that came down on December 14, 2021. The only section that has been added is §N. One wonders what will happen when they run…
In memory of Bob Dole and Becerra and Cummings Oral Arguments
Before getting started on the blog entry for the week, which as I promised is a recap of the oral arguments held last Tuesday in two cases that very much could affect the world of disability rights, I would be…
News of Interest for Deaf, deaf, and HOH Communities
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,…
EEOC Latest Update on What You Should No About Covid-19 and the ADA, the Rehabilitation Act, and Other EEO laws
With Thanksgiving week coming up and my wife and daughter coming back from a college trip later today, I thought I would get a blog entry up this weekend for the Thanksgiving week.
It has been a while since we…
When Must a Person with a Progressive Disability File Suit: Title II Version
Today’s blog entry deals with the question of what happens when you have an individual with a progressive disability who becomes aware of inaccessibility of a public entity’s facilities. When he becomes aware of inaccessibility issues by the public entity,…