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Civil Rights
ADA
Faiure to Provide Reasonable Accommodation

T.P., et al. v. Walt Disney Parks and Resorts US Inc.

Published: May 27, 2017 | Result Date: Apr. 11, 2017 | Filing Date: Jan. 1, 1900 |

Case number: 2:15-cv-05346 Bench Decision –  Dismissal

Court

USDC Central


Attorneys

Plaintiff

Eugene Feldman
(The Finkel Firm)

Andy Dogali


Defendant

Alison L. Nadel

Kerry A. Scanlon
(McDermott, Will & Emery LLP)

Jeremy M. White
(McDermott, Will & Emery LLP)

Christopher C. Scheithauer
(Call & Jensen APC)


Facts

T.P. and others sued Walt Disney Parks and Resorts US Inc., alleging claims of disability discrimination.

Contentions

PLAINTIFFS' CONTENTIONS:
Disney allegedly failed to accommodate autistic kids, causing injuries. Plaintiffs, parents of the disabled children, filed this instant action for discrimination in violation of the Americans with Disabilities Act and the California Unruh Civil Rights Act. Plaintiffs also asserted causes of action for breach of contract, negligent infliction of emotional distress, and intentional infliction of emotional distress.

DEFENDANT'S CONTENTIONS:
Disney contended that the thrust of the complaint, disability discrimination in violation of the ADA, was barred by collateral estoppel given that plaintiffs had already filed a similar complaint in Florida, which was then dismissed by a Florida federal judge.

Result

The district court dismissed the claims of the plaintiffs who brought ADA claims, on grounds of preclusion.


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