I would say about 10% of my blog entries deal with ADA related nondiscrimination laws and concepts but not the ADA itself, including such things as the Fair Housing Act, Air Carrier Access Act, and constitutional law. Occasionally, we throw in a state law as well. Today is another one of those, the, Affordable Care Act (ACA), which I have not blogged on before. A recent case from the Second Circuit reveals that the ACA…

Today’s blog entry is an update on a prior blog entry where I discussed a District Court of New Hampshire decision saying that legislative immunity trumps everything, including the ADA. That case got appealed to the First Circuit. I was very flattered to learn that my blog entry discussing the decision holding that legislative immunity trumps everything was actually included as an appendix by the appellant/plaintiffs in the case in their appellate brief to the…

  Before getting started on the blog entry of the week, I want to congratulate the Stanford Cardinal and the Baylor Bears for winning the women’s and men’s NCAA Division I basketball titles.   It is interesting how my decision on to what to blog on works from week to week. Sometimes I have a bunch of cases in my pipeline and sometimes I don’t. Also, sometimes I can’t get to my pipeline because of…

  Before we get started on the blog of the week, I hope everybody had a happy Easter and a successful Passover. Also, there should be a really good men’s basketball game tonight. There was a really good women’s basketball game yesterday. I am assuming just about everybody’s bracket was busted in large part before tonight.   Turning to the case of the day, C.L. v. Del Amo Hospital, which can be found here185199208208206205,…

Before moving on to the blog entry of the week, a couple of housekeeping matters. First, one of the things that I do is act as a FINRA arbitrator. There is a final hearing all of next week. The final hearing will be conducted virtually over zoom. I have been absolutely amazed with how FINRA has accommodated my deafness over time. That isn’t always the case with ADR entities or with anyone else as y’all…

    Please find below, a continuing legal education webinar that I am doing in the first week of May. It has two parts to it. The first part will be discussing the intersection of the Airline deregulation act, the air Carrier Access act, the ADA, and state negligence laws. The second part of it will be discussing the DOT final rule concerning animals on planes and how it compares to the ADA and the…

Today’s blog entry takes a page from Richard Hunt and how he often blogs in his accessibility defense blog. That is, I’m going to briefly summarize a few cases all at once. That way, I will clear out some of the backlog in my blogging pipeline. I was having trouble finding a case to take a deep dive into, and so I decided to take this approach. Even though the approach is different than usual,…