Partners Lori Semlies (White Plains, NY) successfully represented Queens Adult Care Center in a proposed class action ADA discrimination case. Residents claimed that the facility violated their rights by failing to make accommodations for their mental and physical disabilities while protecting them from COVID-19.

Seeking class certification, plaintiff relied on a theory that would allow them to circumvent New York State’s immunity laws. Lori argued that the facility gave equal treatment to all residents, and after preliminary discovery, the Eastern District granted our motion to dismiss for failing to state a claim.