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D.D. v. Los Angeles Unified School District
A student was required to exhaust his remedies under the Individuals with Disabilities Education Act because the gravamen of the student's Americans Disability Act complaint was the denial of a free appropriate public education.
Disability Discrimination 9th Nov. 22, 2021
Thurston v. Omni Hotels Management Corporation
A plaintiff must possess a bona fide intent to make use of a business' services to prevail under the Unruh Civil Rights Act.
Disability Discrimination 4DCA/2 Sep. 27, 2021
Csutoras v. Paradise High School
Department of Education's suggestions for preventing harassment of disabled students are not binding precedent in disability discrimination suits for monetary damages.
Disability Discrimination 9th Sep. 8, 2021
Landis v. Wash. State MLB Stadium Pub. Facilities Dist.
Because district court did not analyze second 'Accessible Stadiums' requirement, its decision concluding that stadium satisfied Americans with Disabilities Act was vacated.
Disability Discrimination 9th Sep. 2, 2021
Payan v. Los Angeles Community College District
Plaintiffs' claims that included denial of specific individual accommodations were subject to evaluation under 'failure to accommodate framework.'
Disability Discrimination 9th Aug. 25, 2021
Student A v. San Francisco Unified School District
Prior to filing lawsuit under Individuals with Disabilities Education Act, plaintiffs must exhaust administrative remedies.
Disability Discrimination 9th Aug. 19, 2021
Modification: Contreras-Velazquez v. Family Health Centers of San Diego, Inc.
Trial court did not err in determining constitutional maximum ratio for punitive damages award was twice the amount of compensatory damages because defendant's conduct was moderately reprehensible.
Disability Discrimination 4DCA/1 Apr. 8, 2021
C.L. v. Del Amo Hospital
District court erred by effectively imposing certification requirement for plaintiff's dog to be qualified as a service animal under the Americans with Disabilities Act.
Disability Discrimination 9th Mar. 31, 2021
Contreras-Velazquez v. Family Health Centers of San Diego, Inc.
Trial court did not err in determining constitutional maximum ratio for punitive damages award was twice the amount of compensatory damages because defendant's conduct was moderately reprehensible.
Disability Discrimination 4DCA/1 Mar. 22, 2021
D.D. v. Los Angeles Unified School District
Because gravamen of student's Americans with Disabilities Act claim was discrimination separate from his right to free appropriate public education, his ADA claim was not subject to Individuals with Disabilities Education Act exhaustion.
Disability Discrimination 9th Jan. 4, 2021
McIntyre v. Eugene School District 4J
'Crux' of plaintiff's complaint sought relief for disability-based discrimination and harassment plaintiff faced at school; thus, she was not required to exhaust administrative remedies under Individuals with Disabilities Education Act.
Disability Discrimination 9th Sep. 24, 2020
Lopez v. Catalina Channel Express
Title III places the initial burden on the plaintiff of plausibly showing removal of architectural barriers is readily achievable.
Disability Discrimination 9th Sep. 10, 2020
Schmitt v. Kaiser Found. Health Plan
Appellants failed to state plausible proxy discrimination claim against their health insurance in violation of Patient Protection and Affordable Care Act.
Disability Discrimination 9th Jul. 15, 2020
Martinez v. San Diego County Credit Union
Denial of access to online information necessary for physical patronage was a sufficient nexus to establish Americans with Disabilities Act violation.
Disability Discrimination 4DCA/1 Jun. 23, 2020
Anthony v. Trax International
Under Americans with Disabilities Act, after-acquired evidence is not prohibited to rebut plaintiff's allegation that she was 'qualified individual.'
Disability Discrimination 9th Apr. 20, 2020
Glynn v. Superior Court
Even though employee was terminated by mistake because of a misinterpretation of the company's disability policy, disability discrimination was still present and the company was held liable for employee's damages.
Disability Discrimination 2DCA/4 Nov. 15, 2019
Tauscher v. Phoenix Board of Realtors
Genuine issue of material fact remained as to whether defendant took necessary steps to ensure effective communication with profoundly deaf individual under Americans with Disabilities Act.
Disability Discrimination 9th Jul. 26, 2019
Robles v. Domino's Pizza
Americans with Disabilities Act applied to defendant's website and app because the Act mandates that places of public accommodation provide auxiliary aids to make visual materials available to blind individuals.
Disability Discrimination 9th Jan. 16, 2019
Amended Opinion: Nunies v. HIE Holdings
Based on the plain language of the ADA Amendment Act, plaintiff/employee need not present evidence of employer's subjective belief plaintiff had limitation as to major life activity in disability action.
Disability Discrimination 9th Nov. 2, 2018
Nunies v. HIE Holdings
Based on the plain language of the ADA Amendment Act, plaintiff/employee need not present evidence of employer's subjective belief plaintiff had limitation as to major life activity in disability action.
Disability Discrimination 9th Sep. 18, 2018
Amended Opinion: EEOC v. BNSF
Requiring job applicant to obtain and provide MRI examination as condition of employment violates Americans with Disabilities Act by discriminating on basis of perceived disability.
Disability Discrimination 9th Sep. 13, 2018
EEOC v. BNSF
Requiring job applicant to obtain and provide MRI examination as condition of employment violates Americans with Disabilities Act by discriminating on basis of perceived disability.
Disability Discrimination 9th Aug. 30, 2018
Segalman v. Southwest Airlines
District court did not err in concluding that the Air Carrier Access Act of 1986 does not imply a private cause of action.
Disability Discrimination 9th Jul. 24, 2018
Baskin v. Hughes Realty, Inc.
Entity not required to provide accessible route for persons with disabilities that does not pass behind parked cars under 2013 CBSC regulations.
Disability Discrimination 2DCA/4 Jul. 17, 2018
Miller v. Fortune Commercial Corp.
Autistic man with dog who was denied entry to store unsuccessful in challenging adverse ruling, where dog does not qualify as service animal.
Disability Discrimination 2DCA/1 Sep. 14, 2017
Updike v. Multnomah County
Deaf plaintiff denied access to American Sign Language interpreter during pretrial detention wins partial victory in action alleging violation of ADA and Rehabilitation Act.
Disability Discrimination 9th Sep. 1, 2017
Rachel H. v. Dept. of Education, State of Hawaii
Individualized Education Program that fails to identify specific school does not violate Individuals with Disabilities Act where act does not ‘procedurally require’ each IEP to identify anticipated school.
Disability Discrimination 9th Aug. 30, 2017
Civil Rights Education and Enforcement Center v. Hospitality Properties Trust
Although plaintiffs have standing to assert claims under Americans with Disabilities Act, class certification properly denied due to failure to meet commonality requirement.
Disability Discrimination 9th Aug. 10, 2017
Karczewski v. DCH Mission Valley LLC
Paraplegic plaintiff may maintain disability claim against auto dealership after it refused to install temporary vehicle hand controls on vehicle plaintiff wanted to test drive.
Disability Discrimination 9th Jul. 11, 2017
City of Los Angeles v. AECOM Services Inc.
Neither Title II of ADA nor Section 504 of Rehabilitation Act preempt state-law claims for contribution, resulting in reversal of order dismissing city's third-party claims.
Disability Discrimination Apr. 25, 2017