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Successful Cases

Whitburn & Pevsner, PLLC, prevailed in a US Court of Appeals for the Fifth Circuit decision on behalf of an individual with developmental disabilities.  The Fifth Circuit reversed a lower court decision and required the district court to determine if 24-hour nursing care is a reasonable accommodation under Title II of the Americans with Disabilities Act as interpreted in the Supreme Court’s Olmstead decision.  Mark Whitburn performed excellently at the oral argument.

Garrett G. v. Houston Independent School District

The Houston Independent School District failed to provide Garrett who has autism the appropriate services to obtain a free and appropriate public education. HISD failed to develop an individualized educational plan for Garrett. Furthermore, HISD failed to collect data properly to track Garrett's academic and behavioral progress.

Whitburn & Pevsner, PLLC convinced a US District Court in the Northern District of Texas that the State of Texas violated Title II of the Americans with Disabilities Act ("ADA") as interpreted in the US Supreme Court's Olmstead decision.

Whitburn & Pevsner, PLLC convinced the US Court of Appeals for the Fifth Circuit to rule that CCISD violated the Individuals with Disabilities Education Act by failing to provide educational services to an autistic student in the least restrictive environment.

This case involved a group home for people with severe physical and intellectual disabilities. The HOA attempted to shut down this group home by imposing an unlawful restrictive covenant. Whitburn & Pevsner, PLLC persuaded a Texas state court of appeals that this restrictive covenant violated both the federal and Texas Fair Housing Acts.

I, THE UNDERSIGNED ARBITRATOR, having been designated in accordance with the personnel manual or employment agreement entered into by the above-named parties, and having been duly sworn, and having duly heard the proofs and allegations of the Parties, and having previously rendered an Interim Award dated June 29, 2016, do hereby, AWARD, as follows: For the reasons outlined in the Interim Award, I find in favor of Claimant Keith Gilbert.

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