PRACTITIONER BLOG

Read our analyses of developments in Impact Litigation and stay current on class action law

Impact Fund and Allies File Class Action Amicus Brief in Ninth Circuit On Behalf of Seniors and People With Disabilities
Class Action Commonality, Disability Rights, Amicus Brief Teddy Basham-Witherington Class Action Commonality, Disability Rights, Amicus Brief Teddy Basham-Witherington

Impact Fund and Allies File Class Action Amicus Brief in Ninth Circuit On Behalf of Seniors and People With Disabilities

The amicus brief authored by the Impact Fund, Disability Rights Advocates, and the Disability Rights Education and Defense Fund argues that the district court’s decision ran afoul of existing case law and will undermine enforcement of ADA access laws in the precise cases where systemwide enforcement is most needed.

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Appeals Court: D.C. Must Better Integrate People with Disabilities into their Community, Upholds Class Action Remedy
Disability Rights, Class Actions, Olmstead Case Teddy Basham-Witherington Disability Rights, Class Actions, Olmstead Case Teddy Basham-Witherington

Appeals Court: D.C. Must Better Integrate People with Disabilities into their Community, Upholds Class Action Remedy

Last month, the Court of Appeals for the D.C. Circuit decided Brown v. District of Columbia, 928 F.3d 1070 (D.C. Cir. 2019), in favor of a class of about 1,000 residents of D.C.-supported nursing facilities who are seeking transfers to community-based care. The class alleged that the District failed to transition them out of the public institutions in violation of the Americans with Disabilities Act (ADA) and the Rehabilitation Act, which prohibits discrimination against persons with disabilities by programs receiving federal assistance (here, Medicaid, which helps fund the nursing facilities).

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