Michael H. Vartanian v. State Bar of California, et al.
SocialSecurity DueProcess FourthAmendment EmploymentDiscrimina JusticiabilityDoctri
1. Is opposition to a violation of the Americans With Disabilities Act (ADA) that turns upon a reasonable mistake of law, such as belief that an attempt to violate the ADA is prohibited under the ADA, protected conduct under the statute's anti-retaliation provision, 42 U.S.C. § 12203 (a)?
2. Does Title II of the ADA, 42 U.S.C. § 12132, which prohibits discrimination by public entities based on disability, constitute a valid exercise of Congress's § 5 authority to enforce the Fourteenth Amendment, as it applies to the regulation of attorneys?
3. To comply with Federal Rule of Civil Procedure 8(a)(2), must a complaint recite non-conclusory allegations asserting each of the facts, whose proof must be established to prevail at trial?
Is opposition to a violation of the Americans With Disabilities Act (ADA) that turns upon a reasonable mistake of law protected conduct under the statute's anti-retaliation provision?