Before getting started on the blog of the week, some housekeeping matters. First, my blog was late this week. My daughter came home from camp on Monday, and so my time is different than it usually is. Second, starting tomorrow, my family will be in Chicago visiting both sides of the family. So,
attorney fees
Applicability of DOJ Service Dog Regulations to Rehabilitation Act Cases
Today’s blog entry deals with the question of whether the DOJ final regulations on service dogs are applicable to a case arising under the Rehabilitation Act and not the ADA. The case is Berardelli v. Allied Services Institute of Rehabilitation Medicine, a published decision from the Third Circuit decided August 14, 2018. As usual,…
Website Accessibility Case Goes to Verdict and it is Not in Favor of Defendant
Many blog sites, such as this one which appears in my blogroll, are reporting on a website accessibility case that went to verdict and found in favor of the plaintiff. The case is Gill v. Winn-Dixie Stores, Inc., 2017 U.S. Dist. LEXIS 90204 (S.D. Fla. June 13, 2017). As is usual, the case is…
Sovereign immunity principles outside of sovereign immunity claims and the importance of self-evaluation and transition plans
In a previous blog entry, I talked about the principle of sovereign immunity as it applies to persons with disabilities. As mentioned in that blog entry, a state, including an arm of the state, is not going to be forced to waive its sovereign immunity with respect to disability discrimination in employment matters.…