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Torts/Personal Injury,
Civil Litigation

Sep. 22, 2022

En banc hearing nixed for ADA suit against Marriott

Dennis J. Price of Potter Handy, however, noted that while the 9th U.S. Circuit Court of Appeals ruling provides some clarity, the panel’s original ruling was that the law is ambiguous. “Viewing this as a ‘loss’ is misguided. Everyone benefits from clarity in the law and this was an open question that needed to be tested and sorted out,” Price said.

A federal appeal panel unanimously denied a petition for rehearing en banc in the complaint from a wheelchair-bound plaintiff against a Marriott hotel in San Francisco over its website’s compliance under the American with Disabilities Act. But the issue is probably not resolved.

The plaintiff’s counsel, Potter Handy LLP, has sued Marriott hotels 56 times, said victorious defense attorney Philip H. Stillman of Miami Beach, Florida. “Most of...

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