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
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.
Settlements bring key technology, other accommodations for Deaf, hard of hearing, and blind incarcerated people in Colorado
When Brian Mackes wants to submit a grievance challenging prison conditions, contact the infirmary with his medical concerns, or write a letter to his lawyer, he has to dictate his words to a fellow prisoner* who writes them down and – he hopes – writes them legibly, spells them correctly, and keeps them in confidence. Zach Radford did not understand the teachers in his required therapeutic class and was eventually removed from the class for nonparticipation; he remained on the waiting list for other required classes while others were admitted. Mr. Mackes is blind; Mr. Radford is Deaf;** both are prisoners in the custody of the Colorado Department of Corrections (CDOC).
Students With Disabilities Score Class Action Victory In Second Circuit
Earlier this month, the Second Circuit issued a great published decision in A.R. v. Conn. State Bd. of Educ., No. 20-2255, 2021 WL 2833031 (2d Cir. July 8, 2021) affirming a permanent injunction prohibiting the Board from terminating programs for students with disabilities who did not receive their high school diplomas before turning 22. The panel upheld the district court’s conclusion that a Connecticut law denying special education programs to students between their 21st and 22nd birthdays violated the federal Individuals with Disabilities Education Act (IDEA), which requires free, appropriate education for students with disabilities.
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).
Impact Fund Files Amicus On Behalf Of Military's Diabetic Kids
Standing is like a light switch; a plaintiff has either alleged an identifiable injury or not. The concept of Article III standing is used by the courts to distinguish between a dispute that is properly before the court, rather than an abstract interest intended to be addressed by the legislature. Given this, the Supreme Court and the Ninth Circuit have consistently held that a minimal injury is sufficient to confer standing and have never weighed one’s injury relative to their resources.
Defending the use of Class Actions for Enforcement of Civil Rights Laws
It's a fact of life that long-awaited vacations can sometimes be spoiled by an ill-timed rain storm, lost luggage, or a bad reaction to that local street food. But discrimination?
Plaintiffs Ann Cupolo-Freeman, Ruthee Goldkorn, and Julie Reiskin use wheelchairs for mobility and were denied equal access to hotel transportation services at hotels owned by Defendant Hospitality Properties Trust (“HPT”).