By: John W. Egan and Minh N. Vu
Seyfarth Synopsis: A recent decision holding that web-only businesses cannot be sued over the accessibility of their website under the ADA is the first of its kind in the Southern District of New York and may cause forum-shopping serial plaintiffs and their counsel to shift to state
On Friday of last week, I presented to the Minnesota CLE Health Law Institute in Minneapolis on working with disabled clients and disabled attorneys. One of the cases that came up is the one that we are going to be talking about this week, Battle v. state of Tennessee, here, decided by the Middle
Employers and others covered by the ADA, FHA and other laws prohibiting disability discrimination often want to know whether this or that medical condition is a disability. A pair of decisions from the Sixth Circuit, both decided in the last month, explain why there may not be an unequivocal answer.
We’ll start with the older
Before getting started on the blog entry for the week, I did finish Over Ruled. What is clear from reading the book, is that Justice Gorsuch clearly believes that the administrative state had gotten too big and that sufficient guardrails for the administrative state do not exist. Also, from reading that book, it is pretty
For ADA Title III cases mootness devours or destroys, or choose your word the claims of the plaintiff because under Title III the only relief available to the plaintiff is an injunction requiring the defendant to remove whatever architectural or communication barriers might exist. If there are no barriers then there is nothing useful the
By Minh N. Vu and John W. Egan
Seyfarth synopsis: Public accommodations planning to add EV charging stations to their properties should take note of these proposed guidelines and file comments by November 4, 2024.
Recognizing that more and more retailers, shopping malls, lodging facilities, gas stations, and restaurants are providing EV charging stations (“EVCS”)
I hope everyone had a good weekend. I just got back from the Federal Bar Association national convention in Kansas City, which was fabulous. I was part of a fantastic panel speaking on policing and persons with disabilities. In particular, we talked about a lot of different things. My part focused on why Graham v.
I hope everyone had a great holiday weekend.
This week’s blog entry is a case out of the Second Appellate District of the Court of Appeal of the State of California. It is a case involving whether attorney fees can be imposed upon plaintiff’s counsel as a sanction when the lawsuit is frivolous. The
Did you know that asthma might not be a disability? How is that even possible? After all, asthma is certainly a physical impairment that limits breathing and the immune system. Even so, the Sixth Circuit in Andrews v. Tri-Star Sports and Entertainment Group, Inc., here, on August 21, 2024, said that a plaintiff’s asthma
Before getting started on the blog entry of the day, I am currently reading Over Ruled by Justice Gorsuch and Janie Nitze. My passion for constitutional law and legal theory started in college when I took those two separate classes from Professor Rumble while majoring in political science at Vassar College. Now, I enjoy reading
