Kitchens New Cleghorn

Kitchens New Cleghorn, LLC is a full service boutique law firm with a collective team of experts serving clients in corporate, business, family and employment sectors. The firm’s guiding principal is to create positive outcomes for our clients. With hundreds of years of combined legal expertise, our corporate and business clients rely on us to look around corners, anticipate the unexpected and partner with them to navigate through legal issues and challenges.

Website: https://www.knclawfirm.com/
Follow:

Kitchens New Cleghorn Blogs

Understanding the ADA

Blog Authors

William Goren

Latest from Kitchens New Cleghorn

Hope everyone had a great Fourth of July weekend. I wrote this blog entry while taking a break between watching World Cup games and Wimbledon over the weekend. It’s been a tremendous World Cup and Wimbledon. Also, this month is disability pride month. I recognize being disabled proud isn’t always easy and often depends on the particular disability and even when a person becomes a person with a disability. That said, I am proud to be disability proud.

I thought I would put up a short blog talking about questions raised by a recent United States Supreme Court decision in…
Continue Reading A Two For: Thoughts on Trump v. Slaughter and How the Latest NCAA D1 Eligibility Rule Discriminates Against Persons with Disabilities

My eyes were opened to the lingering touches of the GDR and the distrust sewn between families, friends, and neighbors through 40 years of occupation. During a tour of the Statsi Prison in Berlin, I was able to slip away from the group and capture the empty hall where so many experienced the horrors of oppression and false-accusation.
Matthew Ansley, Unsplash

I hope everyone is staying cool with the heat of the summer. Also, the World Cup has been absolutely fascinating even if you are not a soccer fan.

This week’s blog entry explores Hunter v. United States , here, decided by the United States Supreme Court on June 18, 2026. It doesn’t really have anything to do with disabilities per se except that the plaintiff had a disability whose treatment of it was very much an issue. Also, many people with disabilities, both mental and physical, are in the prison system. As usual, the blog entry is divided…
Continue Reading A Criminal Defendant’s Waiver of an Appeal Only Goes So Far

1782315765-142047-793-lxb_photoO7ke8N4kTpQlxb_photo-
Jon Tyson, Unsplash

Even if you are not a huge soccer fan, the World Cup has been fascinating to watch. Good luck to whatever team you are rooting for.

It is just about the end of the Supreme Court term, so we can expect a flurry of decisions to come down in the next couple of weeks. They have just come down with two decisions affecting people with disabilities or have fact patterns concerning people with disabilities. This week’s blog entry will talk about  T.M. v. University of Maryland Medical System Corporation, here, holding that Rooker-Feldman is here to stay. It…
Continue Reading Rooker-Feldman Here to Stay, But What Does it Mean for Persons with Disabilities?

Before getting started on the blog entry for the week, a couple of housekeeping matters in order. First, you can now, if you so desire, listen to my blog instead of reading it even if you are not using a screen reader. I know many people would rather have what they see read to them rather than read it themselves (all you have to do is look at how podcasts are exploding). If you want to listen to one of our blog entries, all you have to do is click on the icon next to the, “listen to this post.”…
Continue Reading Thoughts on How Housing Providers Might Move Forward After HUD’s Internal Memorandum

This week’s blog entry focuses on an unpublished decision, Woodie v. Motorola Solutions, Inc. from the Sixth Circuit decided on March 10, 2025, here. The case highlights the importance of a person with a disability intentionally not pursuing any internal processes for requesting an accommodation. There is well reasoned dissent as well. As usual, the blog entry is divided into categories and they are: the situation; the employer did not have to provide a reasonable accommodation because the employee never asked for one; Judge Mathis concurrence and dissent focusing on why plaintiff did not have to ask for a…
Continue Reading Failure to Utilize Internal Reasonable Accommodation Policy Just Might Torpedo a Failure to Accommodate Claim

I did mention in my last blog entry that I might not be posting this week. Turns out, I had some time over the Memorial Day weekend to do a post, so here goes. I do hope everyone had a great Memorial Day weekend.

The blog entry for the week is a two for one that discusses the latest developments from HUD pertaining to ESA’s. It also discusses a published decision from the Sixth Circuit decided May 13, 2026, talking about whether leave (unpaid or paid), is a reasonable accommodation for a person needing to train their service dog. That…
Continue Reading Leave for Training a Service Animal is a Reasonable Accommodation and the Latest from HUD on Emotional Support Animals in Housing

As readers know, I rarely blog more than once a week, but it does happen from time to time. This week is a really good week for me to blog twice because the Georgia legislature just completed the session with two bills signed by the Governor of Georgia on topics that we have covered quite a bit. Also, as I mentioned in my last blog entry, I may be taking a two week hiatus with my daughter coming in after the end of the school year for two weeks before she heads off for an internship. The Governor of Georgia has…
Continue Reading Enacted Georgia Legislation with Implications Everywhere

I hope everyone had a great holiday weekend.

Today’s blog entry comes by way of University of Iowa Clinical Law Professor Emeritus Leonard Sandler who sent me the appellate decision in the case. After reading the appellate decision, which can be found here, I had to read the trial court decision as well. The appellate decision basically says the trial court got it right when it denied a mandatory injunction, but is otherwise rather light on analysis and what the case is all about. The case of the day concerns Solan v. Arizona, which was decided by the…
Continue Reading DOJ Service Animal Rules Might Just Stop at the State Hospital or Prison’s Gate

1778082528-141379-2247-lxb_photoO7ke8N4kTpQlxb_photo-
Jon Tyson, Unsplash

This week’s blog entry is a case that has been previously blogged on by others in the blogosphere. Robin Shea in her blog blogged on our case of the week, here. However, as readers know, there are occasions where I will blog on a case that someone else has talked about first when I think I can offer my own perspective. This week’s blog entry is such a case. The case of the week is Carney v. Emory University, an unpublished decision from the 11th Circuit decided on April 15, 2026, here. By way of full disclosure, I…
Continue Reading What’s in a Name Matters: Is it Coaching or is it Impermissible Medical Exams/Disability Related Inquiries

Before getting started on the blog entry for the week, last week, the Federal Bar Association blog posted my piece on the interactive process. It’s an unusual piece of writing in that it talks about the step-by-step approach to the interactive process AND the psychological overtones of the process. Again, as I mentioned in that piece, my thanks to Robin Shea of Constangy Brooks for her blog entry on the step-by-step approach to the interactive process and for allowing me to borrow her steps and refine it from my perspective. You can find the Federal Bar Association blog piece here…
Continue Reading The Scope of the Ending Forced Arbitration Act When it Comes to Related Claims

This week’s blog entry focuses on what happens if assuming for the sake of argument, renovations are not readily achievable at a place of public accommodation, whether that ends the analysis. The answer is no. The case also discusses just how the burden of proof works with respect to claiming that an accommodation is readily achievable.  Our case of the day is Lopez v. Catalina Channel Express Inc. 10, 974 F.3d 1030 (9th Cir. 2020), here. This case also sets an Understanding the ADA record for being decided six years before blogging on the case. Even so, the case…
Continue Reading Showing that Removal of Architectural Barriers is not Readily Achievable Doesn’t End the Analysis

This week is disability awareness week. I suppose every week is disability awareness week for me😊. In keeping with the spirit of the week, we have another blog entry. Previously, we have blogged on whether the work product privilege is jeopardized by the use of AI. In that blog entry, here, we talked about two cases that seemingly came up with irreconcilable approaches. I am not sure if those cases can be reconciled even if one was pro se and the other wasn’t considering the language in the two decisions. Now, we have a third case dealing with a pro…
Continue Reading Work Product Privilege and AI an Issue Just Not Going Away

1775681769-140898-3159-lxb_photosOegq0nnNgElxb_photo-
Janusz Walczak, Unsplash

I hope everyone had a happy Easter and had or is having a good Passover.

Also, congratulations to UCLA on their women’s Division I basketball national championship and to Michigan on their men’s Division I basketball national championship.

This week’s blog entry dives into the rapidly evolving world of emotional support animals and persons with disabilities. It turns out it is getting really complicated. We will actually discuss two cases. First, Commission on Human Rights and Opportunities Ex Rel. Wendy Pizzoferrato v. The Mansions LLC, decided by the Connecticut Supreme Court on March 31, 2026, here. This…
Continue Reading The Rapidly Evolving World of Service Animals and Emotional Support Animals in Housing

I hope everyone is enjoying the start of baseball season. The NCAA’s women tournament is about to get very interesting now that they are in a situation where the likelihood, though you never know for sure, is that the top seeds from each region will be in the final four. On the men’s side the UConn v, Duke game will likely go down in history as one of the all-time great sports moments. Turning to the blog entry of the week, it is a published decision from the First Circuit, Walsh v. HNTB Corporation, decided on March 13, 2026, here,…
Continue Reading Looking for Clues: Is a Failure to Accommodate an Adverse Action Post Muldrow?

Dejected lockdown mood
Annie Spratt, Unsplash

Before getting started on the blog entry for the week, if anybody is interested in the journey I took to get to my law and consulting practices, I discussed that journey in this article.

This week’s blog entry is an update on a case that we previously blogged on here, Payan v, Los Angeles Community College District. Since that blog entry, it was sent back down to the trial court where a trial occurred and was then subsequently appealed back to the Ninth Circuit after that with the Ninth Circuit issuing a published decision on March 11,…
Continue Reading Lost Opportunity as a Substitute for Emotional Distress Damages in Title II Cases

I had a moment while my daughter, who is in for spring break, is out doing something with my wife. Writing blog entries is the most favorite part of my practice. So, I figure I would write a blog entry. This blog is pretty short. I will say that there will not be a blog entry, outside of this one, for the week of March 16. The next blog entry after this one will be the week of March 23.

Turning to the blog entry for the week, the Georgia House passed HB 1470 and it is now in…
Continue Reading Under What Circumstances May a State Chill Federally Protected Statutory Rights