Oct. 22, 2024
Exam taker may sue State Bar over accommodations, 9th Circuit says
The three-judge panel decision reaffirmed that the State Bar generally enjoys Eleventh Amendment immunity but highlighted the need for courts to engage in a case-specific analysis.
A 9th U.S. Circuit Court of Appeals vacated a lower court's dismissal of a lawsuit Monday against the State Bar of California, remanding the case for further consideration.
The plaintiff, Benjamin S. Kohn, now a licensed attorney, claimed that the State Bar violated Title II of the Americans with Disabilities Act by failing to provide adequate testing accommodations. The case centered on the question of whether the State Bar can claim Eleventh Amendment immunity from such laws...
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