Genetic Mutation

Diagnosis of the BRCA1 mutation — a gene that substantially limits normal cell growth and increases the risk of breast cancer — could be considered a disability under the Americans with Disabilities Act, the Sixth Circuit ruled. The court revived disability discrimination claims against a day care brought by a former employee who was fired after having a double mastectomy. 

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Texas High Court Blocks Expansion of Mail Voting During Pandemic

One week after the Texas Supreme Court heard arguments in an ongoing legal battle over Texas’ mail-in ballot eligibility rules, the state’s high court nearly unanimously declared that a Texan’s lack of immunity to Covid-19 does not constitute a “disability” permitting eligible voters to vote by mail.

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Special Education

A class of disabled children and their parents may continue their claims that New Jersey mishandled special education due process petitions, a federal court in the state ruled. The class has laid out plausible claims that the system for adjudicating Individuals with Disabilities Education Act disputes in the state is “profoundly broken and routinely violates” federal laws designed to protect the most vulnerable children.  

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Attorney Misconduct

In a case relating to six of more than 300 federal lawsuits an attorney filed on behalf of a client relating to alleged violations of the Americans With Disabilities Act, a Texas appeals court upheld a petition against the attorney asserting that he had violated various disciplinary rules, including filing frivolous pleadings, falsely alleging another attorney of stalking and making a terroristic threat against him, and fabricating an email offered as an exhibit. 

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Closed Captioning

A federal court in Massachusetts certified, for settlement purposes, a class of deaf and hard of hearing individuals who claim that the Massachusetts Institute of Technology violated their rights because there was not closed captioning, or there was unintelligible captioning, of videos and audio tracks made publicly available by the university.

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