Remediation Plans Don’t Necessarily Moot Independent Claims for Similar Injunctive Relief Under the ADA
Posted on Jun 21, 2018 in Civil Procedure | Comments Off on Remediation Plans Don’t Necessarily Moot Independent Claims for Similar Injunctive Relief Under the ADA
Can a remediation plan designed to settle one lawsuit moot claims for similar injunctive relief in another case? Maybe in some contexts, but the Eleventh Circuit rejected that argument on the facts presented in Haynes v. Hooters of America, LLC, 2018 WL 3030840 (11th Cir. June 19, 2018), an ADA dispute over website accessibility for the blind. Haynes had sued for declaratory and...
ADA and RA Protect Hospital Patients’ Ability to Exchange Medically Relevant Information
Posted on May 10, 2017 in Americans With Disabilities Act | Comments Off on ADA and RA Protect Hospital Patients’ Ability to Exchange Medically Relevant Information
In Silva v. Baptist Health South Florida, Inc., 2017 WL 1830158 (11th Cir. May 8, 2017), the Eleventh Circuit clarified the standard for liability for ADA and RA effective-communication claims against hospitals. The court held that “the relevant inquiry is whether the hospitals’ failure to offer an appropriate auxiliary aid impaired the patient’s ability to exchange medically relevant...
