United States Third Circuit

In a challenge under the Americans With Disabilities Act (ADA) and the Rehabilitation Act to defendant's alteration of two Philadelphia subway stations without including elevators, summary judgment for defendant is reversed and remanded where: 1) a two-year statute of limitations applied to plaintiffs' claims; and 2) the statute of limitations began to run when work was completed, as this was the time at which disabled individuals were subjected to the disparate treatment that the ADA was enacted to prevent, and not during the planning phase on the date when plaintiffs knew or had reason to know of the injury.

Appellate Information

• Argued 01/10/2008
• Decided 08/19/2008
• Published 08/19/2008

Judges

• Before:  FISHER, HARDIMAN and STAPLETON, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Stephen F. Gold (Argued), Philadelphia, PA, Rocco J. Iacullo, Mark J. Murphy, Disabilities Law Project, Philadelphia, PA, Attorneys for Appellant., Gregory B. Friel (Argued), Jessica D. Silver, United States Department of Justice, Civil Rights Division, Appellate Section, Washington, DC, Attorneys for Amicus Appellant.


• For Appellees:
  
• Saul H. Krenzel (Argued), Saul H. Krenzel & Associates, Philadelphia, PA, Attorneys for Appellee.