[blindlaw] More Good News In Enyart

[Russell J. Thomas, Jr.]

Congratulations!


Respectfully,

 

Russell J. Thomas, Jr.

Law Office of Russell J. Thomas, Jr.

4121 Westerly Place, Suite 101

Newport Beach, California 92660                             

T: (949) 752-0101                             

F: (949) 257-4756

M: (949) 466-7238

www.emplmntattorney.com

Follow me on Twitter:  EmplmntAttorney

-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of Scott C. LaBarre
Sent: Monday, October 24, 2011 4:20 PM
To: NFBnet Blind Law Mailing List
Subject: [blindlaw] More Good News In Enyart

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)
www.labarrelaw.com (website)

CONFIDENTIALITY NOTICE: This message may contain confidential and privileged
information. If you are not the designated recipient, you may not read,
copy, distribute or retain this message. If you received this message in
error, please notify the sender at 303) 504-5979 or slabarre at labarrelaw.com,
and destroy and delete it from your system. This message and any attachments
are covered by the Electronic
Communications Privacy Act, 18 U.S.C. §§ 2510-2521.