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)
Defendant
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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