Balancing test vs. general rule

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted September 23, 2021 10:57 AM

A district judge used a multifactor balancing test when ruling that the “private club” exception to the Americans with Disabilities Act killed Samantha Ring’s discrimination claim against the Boca Ciega Yacht Club in Gulfport, Fla. But the 11th U.S. Circuit Court of Appeals — quoting Circuit Judge Frank H. Easterbrook’s concurring opinion in a 1987 case, a 1989 University of Chicago law review article by Justice Antonin Scalia and Aristotle’s treatise on politics — reversed. “We can discern a general rule” that is …

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