ADA

  • Morning Docket: 07.27.20
    Morning Docket

    Morning Docket: 07.27.20

    * A couple is arguing in a new lawsuit that weddings and receptions should be exempted from COVID-19 closures on religious grounds. Wouldn’t be surprised if the bride or groom was a lawyer — that’s a creative argument. [NBC News]

    * Surveillance footage appears to link the former lawyer accused of murdering the son of a federal judge to the slaying of a “men’s rights” activist in California. [Fox News]

    * Check out this interesting piece by an attorney with autism reflecting on the 30th anniversary of the Americans with Disabilities Act. [Jurist]

    * Criminal courts in Pittsburgh are closed for in-person hearings until further notice after an attorney tested positive for COVID-19. [CBS News]

    * The Washington Post has settled a defamation lawsuit filed by a Covington Catholic student over a viral video that was released last year. [New York Times]

    * A Florida strip club is in hot water for denying two women entry because they were not with a man. We all saw RBG, this is a suspect practice. [Orlando Weekly]

  • Morning Docket: 10.30.19
    Morning Docket

    Morning Docket: 10.30.19

    * Elon musk has joined the list of celebrities who have behaved poorly at depositions. [Business Insider]

    * A Texas lawyer has been convicted of scamming Colombian drug dealers out of $1.5M. Guess there is no honor among theives. [Dallas Morning News]

    * Lawyers have sought a delay of the trial involving former House Speaker Dennis Hastert’s alleged agreement to pay hush money to a former student. [NBC Chicago]

    * A California court has found that a municipality’s requirement that city attorneys graduate from an ABA-approved law school is constitutional. This seems like a pretty basic requirement. [The Recorder]

    * A copyright lawsuit about Taylor Swift’s song “Shake It Off” has been revived. I’m not going to make the same lazy joke about this story that pretty much every news source has already made… [USA Today]

    * Two California law firms have settled a suit alleging that they engaged in a civil RICO conspiracy by filing ADA claims and forcing defendants to fork over quick settlements to avoid costly litigation. [ABA Journal]

    * The first lawsuit against a fertility doctor accused of substituting his own sperm for that of an anonymous donor has been filed. This story sounds like a bad version of that Vince Vaughn flick. Delivery Man [CBS Denver]

  • Non-Sequiturs

    Non-Sequiturs: 07.24.15

    * Cocaine-swiping judge out on work release. [Pittsburgh Post-Gazette]

    * Autozone settles $185 million suit over firing a pregnant worker. [Jezebel]

    * Once Donald Trump shuts up about illegal immigrants, maybe the adults in the room can start talking about the horrific conditions facing legal migrants, specifically those with H-2 visas. [BuzzFeed News]

    * It sounds like this guy deserved more than a 30-month license suspension. [Legal Profession Blog]

    * Things you can’t tell your employees: that they look “quite f**kable.” [Legal Cheek]

    * A new report focuses on disabilities in the legal profession. [BWB Solutions]

    * If you write off “trigger warnings” as an assault on academic freedom, you might be missing the point. [TaxProf Blog]

    * More on why a ban on T-14 hires is stupid. [Break Into Biglaw]

    * Kaye Scholer’s Michael Solow discusses his experiences with the real-life Professor Kingsfield. [Big Law Business / Bloomberg BNA]

    https://www.youtube.com/watch?v=dmtJ3bC0INo

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  • Federal Government

    HUD Housing Disparate Impact Rules Vacated – How an APA Case Could Clarify Complicated Private Litigation

    Ed note: This post originally appeared on Federal Regulations Advisor. The United States District Court for the District of Columbia vacated the Department of Housing and Urban Development (HUD) 2013 rules (ostensibly) under the Fair Housing Act (FHA) establishing disparate-impact liability in a case revolving on homeowners’ insurance coverage policies. Plaintiffs in American Insurance Association […]
  • In-House Counsel

    Beyond Essential Functions: The Role of Job Reassignments in Accommodating Employee Disabilities

    Imagine for a moment that you are the HR Manager for a company with many physically demanding jobs. One of your employees submits a doctor’s note prohibiting her from lifting anything over 25 pounds. Mindful of your obligations under the Americans with Disabilities Act (ADA), you check to see if the lifting restriction will prevent the employee from doing her job. Unfortunately, after checking the employee’s job description and talking with her supervisors, you conclude that lifting is a key part of the employee’s job (in legal terms, an “essential function”), and there is nothing practical that can be done (in legal terms, no “reasonable accommodation”) to allow her to perform her job. When you tell the employee that she cannot return to her job, she asks if there are other positions available within the company that she can be transferred to. You say you’ll look into it, but when you start asking around, things get complicated. There are a handful of open positions in other departments, but the job requirements are different and some of the positions already have applicants who seem better qualified. None of the positions have exactly the same pay as the employee’s warehouse position, so she would either be getting a raise or a demotion. What should you do?
  • Non-Sequiturs, Violence

    Non-Sequiturs: 06.22.12

    * Welcome to the right side of history, former anti-gay marriage guy. [New York Times] * Protecting free speech has to be more important than stopping hate speech. [National Post vai Overlawyered] * Netflix is subject to the Americans with Disabilities Act. Seems unfair to me, people are already disabled, I don’t see why you have to make them deal with Netflix too. [Boston Globe] * This Tony Parker lawsuit following the Chris Brown fight is right out of Eddie Murphy’s Raw where people start suing Eddie for “sprained eyes.” (If you haven’t seen Raw in a while, click the link. So funny.) [Daily Mail] * This law would make it a crime for a teenager to breakup with his girlfriend via text. That sounds like a great idea. [Volokh Conspiracy] * See my vest, see my vest, made of lizards I’m smuggled to the U.S. [Legal Juice] After the jump, you really have to check out Brian Cuban having an aneurism over Lindsay Lohan’s continued freedom...

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