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WHAT WE’RE WATCHING

HIGHER ANXIETY - With COVID-19 already creating a logistical nightmare for law schools, a new U.S. Immigration and Customs Enforcement rule requiring international students to take an in-person class this fall in order to be eligible for student visas has heightened the concern considerably, Karen Sloan reports. This is especially true for schools like Harvard Law, Berkeley Law and the University of Connecticut School of Law, which are all planning to remain online-only for the upcoming semester. Yesterday, Harvard University and the Massachusetts Institute of Technology jointly filed a lawsuit against the government requesting a temporary restraining order and preliminary injunction preventing the enforcement of the new ICE regulations. A similar suit, brought by several Berkeley Law students, is expected to follow. WHOLESALE VICTORY - Here’s a free sample of a winning defense, courtesy of Costco. As Michael Mora reports, the wholesale giant on Monday escaped a lawsuit alleging it failed to accommodate a deaf employee. A three-judge 11th Circuit panel affirmed a ruling by a U.S. district judge for the Southern District of Florida that set aside a $775,000 jury verdict. Why? Let the appeals court count the ways: “We cannot hold that an employer fails to reasonably accommodate a deaf employee when it provides her with on-demand access to live sign-language interpreters at two, convenient locations within her place of work; when it goes further to provide on-site person interpreters for larger, group meetings; when it arranges a thorough training session on deaf culture, pursuant to the plaintiff’s request; and when the plaintiff’s general manager—the supervisor who was the sole subject of her sole complaint—resolves to improve his relationship with the plaintiff by attending multiple, one-on-one training sessions.”

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