William D. Goren J.D., LL.M., LLC

Latest from William D. Goren J.D., LL.M., LLC - Page 2

Some weeks are a bit of a struggle trying to figure out what to blog on. Law360 is a tremendous help. Also, I keep a pipeline of cases as well. However, sometimes I’m just not in the mood to blog on what is in my pipeline. So, I looked at all of my law 360 alerts and lo and behold Karnoski v. Trump came down from the Ninth Circuit. My daughter and I teach at our synagogue during the school year. Our synagogue, Congregation  Bet Haverim, was originally founded as the home for gay and lesbian Jews in Decatur
Continue Reading Transgender Military Ban: The Ninth Circuit Decision

I know it has been awhile since I did a blog entry, but I have a really good excuse. The last day of May was my daughter’s last day of her freshman year in high school. Then, the following week dealt with chasing her around and also going to Portland Maine for the ABA Law Practice convention. Beautiful country up there. Then, when I came back, I had to make sure that my daughter had everything she needed and was all packed to go off to overnight camp for four weeks in the Georgia mountains. It is her second
Continue Reading Accommodating Nut Allergies

I have long been interested in the ADA and how it applies to sports. In the very first edition of my book in 2000, I talked about the hypothetical of what would happen if Sean Elliott, who underwent a kidney transplant from his brother in 1999, was given grief when he returned to professional  basketball. For those of us who don’t know about Sean Elliott, he had an absolutely fabulous career at the University of Arizona, where believe it or not, says Wikipedia anyway, he is still the leading scorer after all these years. He then went on to an
Continue Reading Anybody Remember Sean Elliott?

May 20, 2019 by Leave a Comment

This is a situation I see all the time. Let’s say you are at a university. A student goes to disability services, gets an accommodation plan, even gives it to the teacher. The teacher resists. The student may or may not try to fix it until later in the semester figuring that something will develop. Or, I have also seen this, disability services doesn’t have much influence at another one of the University’s schools. That is, disability services focuses on undergraduate programs but the professional schools do their own things regardless
Continue Reading Repeated Violations Doctrine

Today’s blog entry discusses the case that came down from the United States Supreme Court on May 13, 2019, discussing interstate sovereign immunity. The case is Franchise Tax Board of California v. Hyatt. We have blogged on sovereign immunity before, such as here. It is an incredibly complicated area of the law, but this case isn’t that difficult compared to what we have blogged on before. As usual, the blog entry is divided into categories and they are: facts; majority opinion; dissenting opinion; and takeaways. The reader is free to focus on any or all of the categories.
Continue Reading Interstate Sovereign Immunity

Smoking Gun
Today’s blog entry discusses two cases, both dealing with smoking guns (hence, the cannon above).One is from the Sixth Circuit, Baum v. Metro Restoration Services, Inc., Decided on April 11, 2019. The other is EEOC v. Crain Automotive Holdings LLC from the Eastern District of Arkansas, also decided on April 11, 2019. As usual, the blog entry is divided into categories, and they are: Crain’s facts; Crain’s reasoning; Crain’s takeaways; Baum’s facts; Baum’s reasoning; and Baum takeaways. Of course, the reader is free to focus on any or all of the categories.
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Crain Facts Taken Directly
Continue Reading Direct Evidence is a Smoking Gun

Previously, I have talked about how the EEOC if it wasn’t the EEOC would have committed legal malpractice in the case we talked about here. From going through my search engine, it doesn’t seem like I have talked about where the legal malpractice risks are with respect to the ADA. In going through my publishing and presenting files, I did find a presentation that I made back in 2012 on the ADA and legal malpractice risks. Our case of the day coming from the Third Circuit, Robinson v. First State Community Action Agency, a published decision from April
Continue Reading Legal Malpractice Risks and the ADA