ADA
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Government
Texas Struggles To Find Out Who Really IS A Good Boy?
There’s no way that chihuahua in your purse is safety trained. -
Courts
News Flash: Committing Fraud Instead Of Finding Clients Isn't The Time Save You Think It Is
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Bar Exams
California's Bar Exam Is Hard Enough Without Dealing With Its Accommodation Process
Let people take the darn test.
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Technology
Elon Musk's Public Fumbling Of The Bird App Is Getting More Worser And More Legaler
His handling of Twitter makes this article's title look like prime literature. -
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]
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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]
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Justice, Police
'Comply Or Die' Policing Claims A Hearing-Impaired Victim
This issue isn't about "sensitivity" training or "political correctness," it's about getting police officers to follow the law. -
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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Biglaw, Contract Attorneys, Disability Law
Biglaw Firm Gets Hit With ADA Lawsuit
Biglaw firm sued under Americans with Disabilities Act -
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... -
Disability Law, New York Times, Plaintiffs Firms, Quote of the Day
Quote of the Day: He Does Have a Point
Plaintiffs' attorneys are going bananas with ADA lawsuits in New York City...
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Disability Law, Drugs, Federal Government, John Edwards, Law Schools, Money, Morning Docket, Politics, Trials
Morning Docket: 04.17.12
* Say sayonara to the Buffett Rule. Senate Republicans were successful in blocking the 30% tax on millionaires proposed by Democrats. And thank God, because that trickle down thing is totally working for us right now. [Wall Street Journal]
* Rich lawyers keep getting richer because they keep increasing their fees. That being said, where the hell are the bonuses? Come on now, SullCrom, are you seriously going to make us all wait until June? That’s really not very nice. [Thomson Reuters News & Insight]
* Well, that was quick: one minute men abound in the George Zimmerman circus. Mark O’Mara filed a motion to get Judge Recksiedler off the case, and the media filed a motion to get access to sealed records. [CNN]
* A federal judge presiding over the John Edwards campaign finance trial dismissed 47 potential jurors. Dude gets around, because apparently he had slept with all of them. Nah, he wishes, though. [Bloomberg]
* As a law school, it sure is easy to claim that just under 100% of the class of 2010 was employed nine months after graduation, especially when you were the one employing them. [National Law Journal]
* Seems like the New York Times has finally caught on to the ADA troll trend. Lawyers are recruiting clients to file suits against noncompliant businesses, but at least the disabled reap the rewards. [New York Times]
* Prospective welfare recipients in Georgia have a few more months to blaze before they’ll have to pass a drug test to receive benefits. Smoke two joints before you prepare for all the incoming lawsuits. [Washington Post]
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Disability Law, Drugs, Education / Schools, Health Care / Medicine, Law Schools, Reader Polls
Is Using Adderall to Get Through Exams the Worst Thing in the World?
A little while back, we asked how many of you had tried Adderall, the ADHD drug that some students use to get a boost around study time. A whopping 30% of you said you had tried the drug and 70% of you are lying. But now let's ask the fun question. Is using Adderall that big of a deal? -
Disability Law, Drugs, Education / Schools, Health Care / Medicine, Law Schools, Reader Polls
ATL Wellness Survey: Haven't We All Had a Little Adderall?
Adderall, as we understand it, is the same as Ritalin, but better. It's easy to get your hands on -- all you have to do is fake the ADHD exam and you have your very own prescription for an amphetamine for law school and beyond. Or you can bum one off of a friend as finals stress approaches. Haven't you done that? Come on, be honest.... -
American Bar Association / ABA, Antitrust, Crime, Deaths, Fast Food, Fat People, Food, Job Searches, Law Schools, Mergers and Acquisitions, Money, Morning Docket, Murder, SCOTUS, Technology
Morning Docket: 09.12.11
* In November, the Supreme Court will decide whether our Fourth Amendment rights come subject to advances in technology. I, for one, welcome our new Orwellian overlords. [New York Times] * What do you get when two wireless carriers with craptastic coverage and service that goes down more than a porn star have plans to […]
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Breasts, Constitutional Law, Drinking, Facebook, Job Searches, Money, Morning Docket, Pets
Morning Docket: 08.31.11
* You don’t have the right to get half naked in an airport to protest the TSA’s policies. Aaron Tobey’s lawsuit has been stripped of its Fourth Amendment claims following a dismissal. [Washington Post] * Paul Ceglia has to give Facebook every email he’s exchanged since 2003. If Ceglia’s like most men, lawyers at Gibson […]
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Lawyer of the Day, Litigatrix, Public Interest
Update: Is Brooklyn ADA Ama Dwimoh Getting a Bum Rap?
Last Friday, we named Brooklyn Assistant District Attorney Ama Dwimoh our Lawyer of the Day. As a prosecutor, Dwimoh goes after child abusers. And yet, according to the New York Daily News — irony alert! — she herself abuses the kiddies, i.e., legal interns in her office. One reader with firsthand knowledge protested this portrayal […] -
Lawyer of the Day, Litigatrix, Public Interest
Lawyer of the Day: Deferred Associates Claim Brooklyn ADA is a Meanie
Deferred associates spending a year in the Brooklyn district attorney’s office claim that Brooklyn ADA Ama Dwimoh is an abusive boss. At first blush, one assumes that kids who have been coddled at the best schools and top firms simply weren’t prepared for the rough and tumble world of actual lawyering. But the Brooklyn D.A., […]