[blindlaw] More Good News In Enyart

Scott C. LaBarre slabarre at labarrelaw.com
Mon Oct 24 23:20:01 UTC 2011


Greetings, as most know, we were victorious in getting the Supreme Court to deny the National Conference of Bar Examiner's Petition for a Writ of Certiorari on October 4th.  This kept in place the 9th Circuit's decision issued on January 4th of this year that an entity such as NCBE must offer the accommodations to a test taker with a disability that best ensure that the exam measures the individual's apptitudes and abilities rather than their disability.  In Stephanie's case, this meant that NCBE was ordered to provide the Multistate Bar Exam and Multistate Professional Responsibility Exam on a computer with assistive technology.  This portion of the litigation tied back to U.S. District Court Judge Charles Breyer's original grant of a preliminary injunction ordering the accommodations.  

After the 9th Circuit victory, we moved for summary judgment  on Stephanie's claims and asked the Court to issue a permanent injuction ordering the accommodations.  I am very pleased to say that  today, Judge Breyer granted summary judgment in our favor.  Attached you will find an accessible pdf of the decision.  Through this whole time, Stephanie has been represented by myself, Brown, Goldstein, and Levy of Baltimore, and Disability Rights Advocates of Berkley.  
Best,   
Scott C. LaBarre, Esq.

LaBarre Law Offices P.C.
1660 South Albion Street, Ste. 918
Denver, Colorado 80222
303 504-5979 (voice)
303 757-3640 (fax)
slabarre at labarrelaw.com (e-mail)
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