Davis v. Anthony, Inc.

The Eighth Circuit affirmed the district court's dismissal of an action alleging that defendant violated the Americans with Disabilities Act (ADA), 42 U.S.C. 12101-12213. Plaintiff has cerebral palsy and uses a wheelchair for mobility. In this case, she tried to eat at an Omaha steakhouse owned and operated by defendant and alleged that she could not access the steakhouse due to certain physical barriers. The court held that the action became moot after defendant's mediation; plaintiff could not use the violation encountered in the parking space to expand her standing to sue for unencountered violations inside the steakhouse that never injured her; the district court did not abuse its wide discretion in allowing evidence on jurisdictional issues; plaintiff's request for discovery was futile because she did not have standing to sue in this action; and the district court did not err in deciding the Rule 12(b)(1) motion and denying discovery under Rule 56. View "Davis v. Anthony, Inc." on Justia Law