Accessibility Litigation Trends
-
If at first you don’t succeed. . . alternative milk litigation again.
On November 5, 2024 Judge Jon S. Tigar dismissed the claims in Munoz v Peet’s Coffee, Inc., Case No. 24-cv-01764 in the Northern District of California. I’ve blogged about these cases recently¹ so I won’t go into detail. As might be expected, the plaintiff lost. The reasons were simple. The plaintiff’s first claim was the addition Continue reading
-
Accessibility Law for Real Estate Lawyers
On November 5, 2024 beginning at 1:00 p.m. Eastern Time I’ll be presenting a 90 minute webinar on Accessibility Law for Real Estate Lawyers to the ABA Section of Real Property, Trust and Estate Law. I’ll survey the accessibility laws that most often apply to real estate buyers, sellers, developers, owners, operators, landlords, tenants and Continue reading
-
Is Asthma a disability under the ADA? Good question.
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. Continue reading
-
“Polly want a cracker?” Lessons from DOJ press releases.
The Department of Justice issues a press release every time it enters into a settlement agreement of some kind. The foundations of accessibility law are the statutes and the cases applying them, but there are a lot of practical lessons to be learned from the settlements obtained by the DOJ, so it is worth looking Continue reading
-
Loper Bright v Raimondo – the demise of Chevron may change FHA disability litigation.
In Loper Bright Enterprises et al v. Raimondo, Secretary of Commerce et al, Case No. 22-451 (June 28, 2024) the Supreme Court overruled Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., a case that, as one commentator observed, was the foundation of the administrative state.¹ At first glance this decision has little to do with Continue reading
