Disability Law

Website Litigation in California About to get a Whole Lot Bigger

By William Goren on August 19, 2019

I now have an embarrassment of riches. A whole bunch of cases in my pipeline. It happens sometimes that way. Before I get started, if you are the father of a daughter that plays athletics or a daughter that played athletics and wants a book that explains the impact that can have on a person, then you can’t do better than this book, State by Melissa Isaacson. In the interest of full disclosure, her…

Accessibility Defense

ADA website accessibility litigation – confusion about standards is driving abusive litigation.

By Richard Hunt on August 18, 2019

I’m not Maimonides, but I do think we need a Guide for the Perplexed concerning ADA website litigation because it seems that in many cases both courts and litigants have mistakenly treated websites as if they were buildings. Websites are not buildings, and recognition of that fact would do a great deal to eliminate or slow down abusive website lawsuits. If you are a defendant in such a suit or think you might be, this…

Virginia Disability Law Blog

ABLE Accounts VS. Special Needs Trusts Seminar

By Sheri Abrams on August 14, 2019

Educate Yourself! Sheri R. Abrams, Virginia Special Needs Planning Attorney, will be joining Tia Marsili, Directorof Trusts from The Arc of Northern Virginia, in an informative presentation for families whohave members with special needs and community members. This session will provide anoverview of ABLE Accounts in Virginia and when this type of account may be appropriate, aswell as an overview of three different types of Special Needs Trusts. Included will be thesimilarities and differences among…

Understanding the ADA

DOT Final Statement of Enforcement Priorities Regarding Service Animals

By William Goren on August 12, 2019

On a plane? On a plane? Last week, I had the opportunity to attend the Olmstead at 20 conference held at Georgia State law school here in Atlanta Georgia. Hats off to Susan Goico who led the organization of the conference. It brought together leading people from all over the country who are doing the work of disability inclusion. It was absolutely fabulous, and I met a lot of great people. Some of…

Accessibility Defense

DOT enforcement policy for “service animals” still doesn’t get it.

By Richard Hunt on August 11, 2019

On August 9 the Department of Transportation issued its “Final Statement of Enforcement Priorities Regarding Service Animals” based on the Air Carrier Access Act and existing regulations. New regulations are on the way, but probably not any time soon,* so this Final Statement, which replaces an Interim Statement issued in May of 2018, is the most authoritative pronouncement on how DOT interprets its existing regulations. The method is a little roundabout. Instead of just saying…

Virginia Disability Law Blog

Inviting Others to Contribute to Your Child’s Special Needs Trust

By Sheri Abrams on August 10, 2019

Many parents worry about how they will fund a lifetime of care for their child with special needs. This is especially concerning if the parents are fearful that there will not be enough money left for housing, caregivers and basic life necessities when mom or dad pass away. When I meet with parents of children and adults with disabilities,, one of the first legal tools that we discuss is a Third-Party Special Needs Trust. A…

Understanding the ADA

Effective Communication Obligations Reach Beyond any Interactive Process

By William Goren on August 5, 2019

School is coming up for many. Here in Atlanta, many started August 1 if not the Monday of that week. By the end of this week, just about everybody in metro Atlanta will have started school. My daughter started her second year of high school on August 1. So, this week is her first full week of her sophomore year. Good luck to everybody who has kids starting school. Our case of the week, Tauscher…

Accessibility Defense

Browsewrap could tame the ADA website litigation monster.

By Richard Hunt on August 5, 2019

In the last two years the federal courts have had a number of opportunities to find that Title III claims under the ADA are not arbitrable and have declined the invitation. That doesn’t mean these cases are in fact going to arbitration. In every case I found the arbitration agreement was found to be unenforceable on state law grounds, leaving open the possibility of a public policy argument. Nonetheless, I think that a properly written…

Understanding the ADA

Obesity as a Disability and the Case of a Legislator with a Disability Unable to do His Job

By William Goren on August 1, 2019

Today’s blog entry is a two-for-one. First off, with respect to being late this week, my daughter started her second year of high school today. So, this week was her last week of summer break, and as you can imagine, things were pretty hectic around here. But, we are now back to the school routine. Turning to the blog entry of the day, as mentioned above, it is a two-for-one. First, the blog will explore…

Virginia Disability Law Blog

Beware of This New Twist to an Old Social Security Scam

By Sheri Abrams on July 31, 2019

Authorities across the nation are warning senior citizens and Social Security Disability recipients about a new twist on an old Social Security scam that is defrauding unsuspecting people out of thousands, if not hundreds of thousands of dollars that are ultimately unable to be refunded or recovered. Scammers are once again posing as government employees and contacting Social Security recipients by phone. They proceed to tell the senior or disability benefit recipient that their social…

Disability Law

Website Litigation in California About to get a Whole Lot Bigger

ADA website accessibility litigation – confusion about standards is driving abusive litigation.

ABLE Accounts VS. Special Needs Trusts Seminar

DOT Final Statement of Enforcement Priorities Regarding Service Animals

DOT enforcement policy for “service animals” still doesn’t get it.

Inviting Others to Contribute to Your Child’s Special Needs Trust

Effective Communication Obligations Reach Beyond any Interactive Process

Browsewrap could tame the ADA website litigation monster.

Obesity as a Disability and the Case of a Legislator with a Disability Unable to do His Job

Beware of This New Twist to an Old Social Security Scam

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