2nd Circ. Trims Harvard Grad's Disability Suit Over Bar Exam

By Dave Simpson (April 28, 2021, 10:37 PM EDT) -- The Second Circuit ruled Wednesday that sovereign immunity blocks a Harvard Law grad's Rehabilitation Act claim that New York's Board of Law Examiners failed to accommodate her anxiety-related disability as she sat for the bar exam, reversing a lower court decision.

In a unanimous, published decision penned by U.S. Circuit Judges Debra Ann Livingston, the three-judge panel rejected the argument of the plaintiff, who is identified by her initials T.W., that the board has waived its right to sovereign immunity under the 11th Amendment by receiving money from the state's sprawling Unified Court System, which, she had argued, in turn receives...

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