A couple of housekeeping matters before getting started on the blog of the week. First, I hope everybody had a happy Thanksgiving weekend. We kept ours small with lots of food. Second, I expect one more substantive blog entry for
Roadmap for Dealing With Failure to Accommodate Claims at Summary Judgment
Today’s blog entry discusses a case, Tornabene v. City of Blackfoot, here, out of the United States District Court for the District of Idaho that is set for trial on February 24, 2025. The decision denying summary judgment on
How a Business Should NOT Go About Accommodating a Person with a Disability
This week’s blog entry is a how to for what NOT to do if you are a business faced with an accommodation request. The case of the day is Patterson v. Six Flags Theme Parks, Inc., here, decided on
We’ve got a lot to say – upcoming ADA and FHA webinars
I’ll be presenting three new webinars in early 2025, starting with “Access Denied: Avoiding & Defending the Expanding Field of ADA Claims” for MyLawCLE on January 17, 2025. My co-presenter will be my colleague William Goren, whose blog http://www.understandingtheada.com is
Think Twice Before Terminating a Student for Disability Related Conduct
Today’s blog entry deals with the question of what happens if you are a college or university and a student acts out. The acting out is related to a disability or to medication the person is taking for that disability.
If at first you don’t succeed. . . alternative milk litigation again.
On November 5, 2024 Judge Jon S. Tigar dismissed the claims in Munoz v Peet’s Coffee, Inc., Case No. 24-cv-01764 in the Northern District of California. I’ve blogged about these cases recently¹ so I won’t go into detail. As might be
Trial Judge Gets Hammered for Not Accommodating a Probable Disability of Trial Counsel and the ADA Not Even Involved
I started writing this blog on election day, which turned out to be very interesting by the end of it with President Trump winning both the popular and electoral votes. Of course, the next question is what does that election
Southern District of New York Splits Within Itself: Internet Only Business Not a Place of Public Accommodations
Today’s blog entry goes back to the issue of whether an Internet only business website is subject to title III of the ADA. As we have discussed previously, such as here, there are several theoretical possibilities for handling such
Accessibility Law for Real Estate Lawyers
On November 5, 2024 beginning at 1:00 p.m. Eastern Time I’ll be presenting a 90 minute webinar on Accessibility Law for Real Estate Lawyers to the ABA Section of Real Property, Trust and Estate Law. I’ll survey the accessibility laws
DOT Hammers American Airlines for its Treatment of Persons with Disabilities
As everyone knows, I keep a pipeline of cases to blog on. Sometimes, even with my pipeline of cases, I just get stuck. One of the things that my readers may not realize is that while my practice focuses on