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9th U.S. Circuit Court of Appeals

Aug. 10, 2017

9th Circuit denies certification for class in ADA hotel complaint

The 9th U.S. Circuit Court of Appeals handed down a mixed bag for plaintiffs suing under the Americans with Disabilities Act, ruling Wednesday that individuals who visit facilities merely to test ADA compliance have standing, but declining to grant class certification.

9th Circuit denies certification for class in ADA hotel complaint
Judge Kim Wardlaw of the 9th U.S. Circuit Court of Appeals wrote the opinion that people who visit hotels merely to test whether they are complying with the law have standing to sue, but are not a certified class.

The 9th U.S. Circuit Court of Appeals handed down a mixed bag for plaintiffs suing under the Americans with Disabilities Act, ruling Wednesday that people who visit hotels merely to test compliance with the law have standing, but not class certification.

In a split vote, the court affirmed a denial of certification for a class alleging that more than 100 hotels across the country failed to make shuttle services accessible to handicap...

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