United States Ninth Circuit
City of L.A. v. AECOM Servs., Inc., 15-56606
In third-party claims brought by the City of Los Angeles for breach of contract and contribution against contractors that allegedly breached their contractual duty to perform services in compliance with federal disability regulations in the design and construction of a bus facility, the district court's dismissal of the City's claims is reversed where: 1) Title II of the Americans with Disabilities Act and section 504 of the Rehabilitation Act did not preempt the City's state-law claims because the ADA expressly disavows preemptive federal occupation of the disability-rights field; and 2) conflict preemption also did not preclude the City's claims.
Appellate Information
- Decided
- Published 2017/04/24
Judges
- SMITH
Court
- United States Ninth Circuit