2nd Circ. Revives ADA Class Swimsuit Over NYC Subway Elevators

Law360 (Aug 23, 2021, 3:36 p.m. EDT) – Second Circuit said Monday that a class of New Yorkers with disabilities has raised litigation questions about whether everyday subway elevator failures violate the Americans with Disabilities Act disobeyed, and ruled that a Manhattan judge was too quick to throw the suit.

A unanimous appellate body has overturned the verdict of a US federal judge in a certified class action lawsuit against the Metropolitan Transportation Authority and the New York City Transit Authority. The lawsuit, filed in 2017 by a group of commuters with disabilities and six stakeholders, alleged the city violated the ADA by failing to maintain the limited number of subways.

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