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HUD Circular May Well Survive Kisor But What About Loper Bright

Before getting started on the blog entry of the day, I wanted to mention a decision decided by the California Supreme Court on July 29, 2024, here. In that case, Bailey v. San Francisco District...

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Can a Court Sanction an Attorney By Imposing Attorney Fees on the Attorney in...

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...

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Trial Judge Gets Hammered for Not Accommodating a Probable Disability of...

I started writing this blog on election day, which turned out to be very interesting by the end of it with President Trump winning both the popular and electoral votes. Of course, the next question is...

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Interactive Process is a Continuing Obligation and Just What is an Adverse...

Gavina v. Amazon.com (Decision immediately above in adobe format for this week’s blog entry)   Gavina v. Amazon.com-Word version (word version of case immediately above) I hope everyone is having a...

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2024 Understanding the ADA Greatest Hits

It is that time of the year for the greatest hits of 2024. The greatest hits section of the blog contains the top 10 for the year as well as certain other blog entries that are not in the top 10, but I...

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Employers and PHP’s are Subject to Disability Discrimination Laws

I hope everyone had a great Memorial Day weekend.   As I have mentioned previously, the last few years have found me increasingly involved in the area of working with counsel representing healthcare...

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The Scope of the Ending Forced Arbitration Act When it Comes to Related Claims

Before getting started on the blog entry for the week, last week, the Federal Bar Association blog posted my piece on the interactive process. It’s an unusual piece of writing in that it talks about...

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Bullet Proofing Essential Functions of the Job

This week’s blog entry explores how an employer might go about bulletproofing just what are the essential functions of a job. The case for the week is In the Matter of Rachael Smelyansky v. New York...

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NCAA Five Year Rule Redux: Basketball Player Prevails Under Nebraska Law, But...

The ADA just had its 36th year anniversary. Happy anniversary!! In June, I got to visit the George H.W. Bush presidential library where his signing of the ADA is featured prominently. It was pretty...

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Is the Right of a Person with a Disability to Serve on a Jury Just...

Before getting started on the blog entry for the week, a housekeeping matter in order. Next week, I move my daughter in for her final year of college. So, it is entirely possible that I will not have...

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