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National Conference of Bar Examiners v. Enyart

Certiorari Denied

Petition for certiorari denied on October 3, 2011.

Docket No.10-1304
Op. Below9th Circuit

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.

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