National Conference of Bar Examiners v. Enyart

Disclosure: Goldstein, Howe & Russell, P.C. serves as counsel to the respondent in this case. It is listed without respect to the likelihood that it will be granted.

Issue: (1) Whether private testing organizations covered by Section 309 of the Americans With Disabilities Act, 42 U.S.C. § 12189 - unlike every other party subject to the ADA - must provide the “best”? accommodations, rather than reasonable accommodations, to disabled individuals; and (2) whether a delay in taking an examination with requested accommodations constitutes irreparable harm sufficient to justify the extraordinary remedy of a mandatory preliminary injunction.