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Today’s case is a twofer. That is, we are going to talk about two different cases, both dealing with the interactive process and essential functions of the job. The first case is an unpublished decision from the 11th Circuit, Kassa v. Synovus Financial Corporation, decided February 3, 2020. The second case is Seward v. Roy City decided by the United States District Court for the District of Utah on January 22, 2020. As usual, the blog entry is divided into categories and they are: Kassa facts; Kassa court’s reasoning; Seward facts; Seward court’s reasoning; and thoughts/takeaways on both cases.…
Today’s case is a twofer. That is, we are going to talk about two different cases, both dealing with the interactive process and essential functions of the job. The first case is an unpublished decision from the 11th Circuit, Kassa v. Synovus Financial Corporation, decided February 3, 2020. The second case is Seward v. Roy City decided by the United States District Court for the District of Utah on January 22, 2020. As usual, the blog entry is divided into categories and they are: Kassa facts; Kassa court’s reasoning; Seward facts; Seward court’s reasoning; and thoughts/takeaways on both cases.…
February 4, 2020 by Leave a Comment Too big, So, no. Yes Not common household animal; must show, “substantial burden.” So, who knows. Yes as this is a gerbil. Yes Last week, I had the privilege of attending and speaking at the Accessibility Professionals Association conference in Round Rock, Texas. I learned a lot at the convention and met a lot of wonderful people. From all reports, my presentations (defending against the serial plaintiff in architectural barrier cases and the wild west of Internet accessibility litigation), went well. While there, I had the opportunity to meet Cindy Smiley,…
February 4, 2020 by Leave a Comment Too big, So, no. Yes Not common household animal; must show, “substantial burden.” So, who knows. Yes as this is a gerbil. Yes Last week, I had the privilege of attending and speaking at the Accessibility Professionals Association conference in Round Rock, Texas. I learned a lot at the convention and met a lot of wonderful people. From all reports, my presentations (defending against the serial plaintiff in architectural barrier cases and the wild west of Internet accessibility litigation), went well. While there, I had the opportunity to meet Cindy Smiley,…
January 25, 2020 by Leave a Comment On a plane? If it ever was…Not anymore. On a plane? Yes, if I trained him for use outside the house. Miniature horseyes to non-federal governmental entities; yes to places of public accommodations; but not on planes. As you know, I typically do not blog more than once a week. However, I have a good reason for doing so this week. Next week, I am going to be in Austin (Round Rock actually) attending and speaking at the Accessibility Professionals Association conference. Immediately following that or perhaps the week after, I…
I am not sure about blog entry times for the next couple of weeks. Next week, I will be attending and speaking at the Accessibility Professionals Association conference in Round Rock, Texas. Sometime within the next two weeks, I will be testifying as an expert witness in a trial in Houston. So, not sure when or if blog entries will be posted over the next two weeks. Turning to today’s blog entry, the case of Babb v. Wilkie was recently argued before the United States Supreme Court. The legal blogosphere lit up when Justice Roberts as part of oral argument…
I am not sure about blog entry times for the next couple of weeks. Next week, I will be attending and speaking at the Accessibility Professionals Association conference in Round Rock, Texas. Sometime within the next two weeks, I will be testifying as an expert witness in a trial in Houston. So, not sure when or if blog entries will be posted over the next two weeks. Turning to today’s blog entry, the case of Babb v. Wilkie was recently argued before the United States Supreme Court. The legal blogosphere lit up when Justice Roberts as part of oral argument…
January 15, 2020 by Leave a Comment Today’s blog entry takes on the question of what happens if a person with a disability decides they want to have a fun time at an Indian owned casino. However, the Indian owned casino does not accommodate their disability. Can the person with the disability go after the Indian owned casino? The case of the day is Drake v. Salt River Pima-Maricopa Indian Community decided by Judge Liburdi of the District Court in Arizona on October 31, 2019. As usual, the blog entry is divided into categories and they are: facts;…
January 15, 2020 by Leave a Comment Today’s blog entry takes on the question of what happens if a person with a disability decides they want to have a fun time at an Indian owned casino. However, the Indian owned casino does not accommodate their disability. Can the person with the disability go after the Indian owned casino? The case of the day is Drake v. Salt River Pima-Maricopa Indian Community decided by Judge Liburdi of the District Court in Arizona on October 31, 2019. As usual, the blog entry is divided into categories and they are: facts;…
Happy new year everybody. Hope everybody enjoyed their holiday and is now raring to get back to work. Just to give everybody a heads up, the week of January 28 and February 3 may not see a blog entry for me at all. During those two weeks, I will be testifying in two different trials and attending and speaking at a convention. That means in that period of time I will be in three different cities (Houston-trial testimony; Austin-attending and speaking at the Accessibility Professionals Association convention; and Albuquerque-trial testimony). Also, worth noting is the 11th Circuit just came down…
Happy new year everybody. Hope everybody enjoyed their holiday and is now raring to get back to work. Just to give everybody a heads up, the week of January 28 and February 3 may not see a blog entry for me at all. During those two weeks, I will be testifying in two different trials and attending and speaking at a convention. That means in that period of time I will be in three different cities (Houston-trial testimony; Austin-attending and speaking at the Accessibility Professionals Association convention; and Albuquerque-trial testimony). Also, worth noting is the 11th Circuit just came down…
It is time for my annual greatest hits blog entries of the year. Before getting to the greatest hits blog entries of the year, a few blog entries are so important that they make it every year regardless of where they fit in the greatest rankings. Those blog entries are: ADA compliance in higher education, which can be found here; the issue of whether the ADA is a nondelegable duty or not, which can be found here and here; and service dogs v. emotional support animals, which can be found here. Turning to the greatest hits. They…
It is time for my annual greatest hits blog entries of the year. Before getting to the greatest hits blog entries of the year, a few blog entries are so important that they make it every year regardless of where they fit in the greatest rankings. Those blog entries are: ADA compliance in higher education, which can be found here; the issue of whether the ADA is a nondelegable duty or not, which can be found here and here; and service dogs v. emotional support animals, which can be found here. Turning to the greatest hits. They…
Today’s blog entry is going to be my last substantive blog entry of the year. My daughter is on break the last two weeks of December, and just about everybody takes the Christmas season off anyway. The very last blog entry of the calendar year is when I traditionally do my top 10 Understanding the ADA blog entries of the year. I have not been following what is the top 10 from month to month. So, I am really curious to see how that is going to work out. Today’s blog entry is actually on a case that my fellow…
Today’s blog entry is going to be my last substantive blog entry of the year. My daughter is on break the last two weeks of December, and just about everybody takes the Christmas season off anyway. The very last blog entry of the calendar year is when I traditionally do my top 10 Understanding the ADA blog entries of the year. I have not been following what is the top 10 from month to month. So, I am really curious to see how that is going to work out. Today’s blog entry is actually on a case that my fellow…
Hope everyone had a great Thanksgiving week and did not have too hard of a time getting the kids back to school.   Today’s blog entry is going to discuss a couple of cases dealing with standing. In the first, we will discuss standing with respect to physical stores. In the second, we will discuss standing with respect to a physical place accessed only through the Internet. My colleague, Richard Hunt, blogs on these issues all the time. It is not unheard of for me to blog on them either. The reason I want to blog on these two cases…