It isn’t one of my most popular blog entries, but in my opinion, it is one of my most important. I am referring to the blog entry talking about the ADA as a nondelegable duty, which can be found here216215. On April 24, 2017, the U.S. Court of Appeals for the Ninth Circuit came
field preemption
Air Carrier Access Act revisited: just what is preempted?
Previously, I have written two different blog entries dealing with the Air Carrier Access Act. In the first, I talked about whether a private cause of action existed. In the second, I talked about whether the Air Carrier Access Act regulations being so pervasive preempted state laws. This entry concerns a slightly different issue.…
Title II, employment, and essential eligibility requirements
Before we get started on the blog entry, I want to thank everyone for their readership. This week, we should surpass the 1000 visitor mark. Also, we have now surpassed the 10,000 view mark. Thanks!!!!!!!!!!!
This blog entry explores whether title II of the ADA applies to employment issues, and how do you go about…
ADA compliance as a nondelegable duty
People who are covered by the Americans with Disabilities Act (ADA) have an obligation to comply with its myriad requirements. The question becomes can that obligation be delegated to someone else? That is, let’s say you are a major hotel and you are building out/renovating the hotel in a big way. You hire a firm…
Air carrier access act: only one place to go
In a previous blog entry, the Air Carrier Access Act was discussed in terms of whether it allowed for a private cause of action where an airline violated the regulations that carry out that act. However, that blog entry did not answer two questions. First, assuming a private cause of action for violation of that…