For much the same reasons, the Court rejects Kirola's companion claim predicated upon California Government Code section 11135 and two of its implementing regulations, Cal....
Search Results "Court"
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b) California Law
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4. The Agreements’ Dispute Resolution Mechanism is Burdensome and Unlikely to Afford Complete Relief to Class Members
Agreements, the "Dispute Resolution Procedures" purport to provide a mechanism whereby class members may bring complaints to the attention of Settling Defendants and, subsequently, the district court...
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II. STANDARD OF LAW
A party seeking summary judgment bears the initial burden of informing the court of the basis for its motion and of identifying those portions of the pleadings and discovery responses which...
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2. New Construction and Alterations
The Court has found the opinions of Kirola's experts, including those relating to the City's compliance with ADAAG and the California Building Code, to be unreliable....
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Q. COMPLIANCE
Decree or the ADA Standards, the County must correct its noncompliance within thirty (30) days of receipt of notice of noncompliance from the United States or the United States may seek the Court’s...
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Q. COMPLIANCE
Decree or the ADA Standards, the County must correct its noncompliance within thirty (30) days of receipt of notice of noncompliance from the United States or the United States may seek the Court’s...
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G.
Later, the United States Court of Appeals for the Fifth Circuit so held in Lara v. Cinemark USA, Inc., 207 F.3rd 783 (5th Cir.), cert. denied, 531 U.S. 944 (2000)....
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§35.164 Duties
Like paragraph (a)(3), it limits the obligation of the public entity to ensure effective communication in accordance with Davis and the circuit court opinions interpreting it....
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B. PRELIMINARY ISSUES
Before reaching the question of whether Kirola has Article III standing, the Court addresses four preliminary contentions concerning the constellation of evidence which may be considered...
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28. Q: Does the United States ever participate in lawsuits brought by private citizens?
The Department sometimes participates in private suits either by intervention or as amicus curiae -- "friend of the court."...
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12101(a)(3)
. 110-325, § 2, Sept. 25, 2008, 122 Stat. 3553, provided that: (3) while Congress expected that the definition of disability under the ADA would be interpreted consistently with how courts...
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§35.175 Attorney's fees (Section-by-Section Analysis)
(Section-by-Section Analysis) Section 35.175 states that courts are authorized to award attorneys fees, including litigation expenses and costs, as provided in section 505 of the Act....
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Essential Function Job Analysis
The visibility of FCE and Post-Offer employment tests in the federal court system continues to grow....
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1. Public Right-of-Way
The Court finds that the opinions offered by Kirola's experts are unreliable and unpersuasive. 185. As an initial matter, the Court has serious concerns regarding their methodology....
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3. Likelihood of Recurrence
In the absence of an immediate threat, federal courts must exercise restraint in interfering with government operations. Midgett v. Tri-Cnty. Metro. Transp....
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Make reasonable modifications in policies, practices, or procedures when necessary to avoid disability discrimination in all interactions with people with mental health disabilities or I/DD
Required court staff to explore reasonable modifications to allow qualified individuals with these disabilities to participate in diversion and probation programs and specialty courts....
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Q2: What is the Amendments Act?
A: The Amendments Act was signed into law in September 2008 and became effective on January 1, 2009.3 Congress passed the Amendments Act in part to supersede Supreme Court decisions that...
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III-8.2000 Private suits
At the request of the plaintiff or defendant, and if the court permits it, the Department of Justice can intervene in the civil action, if it determines that the case is of general public...
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VII. DISPUTE RESOLUTION
Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. i....
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18. What dispute resolution mechanisms are available if a parent believes that a school district has improperly denied or limited his or her child’s access to a particular auxiliary aid or service under Title II or has not made FAPE available under the IDEA?
An administrative hearing decision may be appealed to a State or Federal court empowered to hear such cases....
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What happens if conciliation fails?
If EEOC decides to litigate, a lawsuit will be filed in federal district court. If the Commission decides not to litigate, it will send the charging party a "right-to-sue" letter....
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Ensure that people with mental health disabilities or I/DD have an equal opportunity to participate in and benefit from the entities’ programs, services, and activities
Developed non-discriminatory eligibility criteria for diversion programs such as community services, specialty courts, or probation programs....
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§35.164 Duties (Section-by-Section Analysis)
Like paragraph (a)(3), it limits the obligation of the public entity to ensure effective communication in accordance with Davis and the circuit court opinions interpreting it....
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I. BACKGROUND
(“ADA”) regarding Quicken Loans Arena, located at One Center Court, Cleveland, Ohio (“Quicken Loans Arena”). ...
