Disability Law

Lawyer’s double-murder trial delayed over use of subpoena rather than warrant for cellphone search

A Missouri lawyer accused of wielding a power of attorney as a lethal weapon in the murder of her father has sidestepped a second trial over his slaying. Jury selection had been scheduled to begin Monday in the double-murder trial of Susan Elizabeth Van Note, who is also accused in…

Aug 14, 2015 2:35 PM CDT

Lawsuit says ‘financial slavery’ service by dominatrix was elder exploitation

A Florida dominatrix was within the bounds of legality when she advertised her availability to provide physical punishment and “financial slavery,” a lawyer for Alex Abrams says. But a Seminole County Circuit Court lawsuit alleges that Judith Gumbrecht, aka “Goddess Jude,” went too far with a sadomasochistic financial relationship with…

Aug 5, 2015 2:25 PM CDT

Suit claims painful shackling of school kids with ADHD violates Constitution and disability law

A lawsuit filed on behalf of two children in Kentucky claims a sheriff’s deputy handcuffed them in a painful position for misbehavior at school, violating their constitutional rights and the Americans with Disabilities Act. The suit (PDF), filed on Monday in federal court in Covington, Kentucky, alleges the children were…

Aug 4, 2015 8:14 AM CDT

Bar licensing groups urged to tread carefully when asking about mental health

Over some opposition, the ABA’s House of Delegates passed a resolution Monday urging lawyer licensing entities to focus on behavior rather than diagnoses when asking about mental health. In the winter of 2014, the Louisiana Supreme Court and Vermont Human Rights Commission received Department of Justice letters advising them that…

Aug 3, 2015 1:46 PM CDT

Jury finds James Holmes eligible for death penalty in Batman movie-theater massacre

In the initial phase of a post-conviction sentencing hearing, the same Colorado jury that found James Holmes guilty last week of shooting 12 people to death at a Batman movie premiere in 2012 have also found him eligible for the death penalty. Now the jury must decide whether to impose…

Jul 23, 2015 4:30 PM CDT

Are ride-hailing businesses Uber and Lyft ADA-compliant? Massachusetts AG has questions

The Massachusetts attorney general’s office is looking into how Lyft and Uber provide riders equal access, Reuters reports. It may be the first state attorney general’s office to consider the question, according to the article. And in California, an administrative law judge recently fined the company $7.3 million for—among other…

Jul 20, 2015 12:45 PM CDT

Has the ADA measured up? Legislation drafter weighs in 25 years later

Robert Burgdorf was the right person in the right place at the right time at the birth of the Americans with Disabilities Act. He contracted polio as an infant and lost much of the use of one arm and shoulder, regaining some through innovative surgery at age 11. During law…

Jul 20, 2015 8:45 AM CDT

Uber hit with $7.3M fine in California

An administrative law judge has slapped the California subsidiary of Uber with a $7.3 million fine for withholding information requested by state regulators, the Associated Press reports. While Uber provided some information to the California Public Utilities Commission, it refused to report on the provision of disabled-accessible vehicles, areas where…

Jul 16, 2015 2:45 PM CDT

Insurers hacked tens of thousands of legal files to get an edge in worker’s comp cases, lawsuit says

A client of a California law firm says insurers hacked into tens of thousands of confidential client files as part of a nationwide scheme to get an advantage in worker’s compensation cases. The federal class action filed last week by Hector Casillas names as defendants not only the insurers allegedly…

Jul 2, 2015 12:50 PM CDT

Appeals court rules for Womble Carlyle in disability suit by former employee

A former employee who claimed disability discrimination by Womble Carlyle Sandridge & Rice won’t be able to pursue her case, according to a federal appeals court. The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals on Friday affirmed dismissal of the suit by Charlesetta Jennings, a service center worker in…

Jul 1, 2015 6:45 AM CDT

Deaf man who pleaded guilty to iPad theft that didn’t occur moves ahead in civil case

A homeless deaf man spent six weeks in prison last year before pleading guilty to a misdemeanor charge of theft over an iPad that reportedly had not, in fact, been taken from its owner. Now Abreham Zemedagegehu is one step closer to exoneration. Although the Virginia criminal conviction still stands,…

Jun 26, 2015 4:00 PM CDT

Widow’s suit blames disability lawyer for her husband’s suicide

The widow of a Kentucky man who committed suicide after his disability benefits were suspended has sued the lawyer who represented him. The suit says Leroy Burchett, 41, killed himself on June 1 after the Social Security Administration suspended his benefits pending a review of about 900 cases handled by…

Jun 11, 2015 8:40 AM CDT

Retirement home settles DOJ suit alleging segregation based on disability in dining rooms, events

A continuing care facility in Virginia has resolved a Justice Department lawsuit claiming the facility discriminated on the basis of disability when it barred some commingling of independent living residents and those needing more care. Harbor’s Edge in Norfolk agreed to pay $350,000 in compensation and a $40,000 civil penalty,…

Jun 10, 2015 6:15 AM CDT

Federal Circuit: US must pay attorney’s fee to lawyer who took veteran’s case 20 years ago

Nearly 20 years after he agreed to represent a U.S. military veteran in a disability case, a Maine lawyer has gotten a definitive answer about his 20-percent contingent attorney fee. The U.S. Circuit Court of Appeals for the Federal Circuit on Tuesday ruled that the feds owe attorney Francis Jackson…

Jun 3, 2015 4:25 PM CDT

Insurer sued over claim it refuses to cover disabled homeowners who have pit bulls as service dogs

A major insurer is facing a federal housing discrimination case over its alleged refusal to provide homeowner coverage to individuals who have a pit bull as a service animal. Several Travelers insurance companies and two insurance agents are named in the suit brought by the Fair Housing Council of Oregon.…

Jun 2, 2015 1:50 PM CDT