28 CFR 36.501 - Private suits

Cite as28 CFR 36.501
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51 practice notes
  • IN RE ALLEGHANY HEALTH, EDUC. AND RESEARCH FOUND., No. 98-25773-MBM to 98-25777-MBM.
    • United States
    • United States Bankruptcy Courts. Third Circuit. U.S. Bankruptcy Court — Western District of Pennsylvania
    • March 11, 2005
    ...Dorsey, 157 F.Supp.2d at 733 (citing several authorities); Guckenberger v. Boston University, 974 F.Supp. 106, 152 (D.Mass. 1997); 28 C.F.R. § 36.501(a) (2005); 1 Americans With Disabilities: Practice & Compliance Manual § 4:199 (West 2004) (citing numerous case B. Kirkland's Rehabilitation......
  • Laufer v. Arpan LLC, 20-14846
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • March 29, 2022
    ...U. L. Rev. 275, 292–93, 296 (1989) ).5 Because Laufer sued (at least in part) under an Attorney-General-promulgated regulation, see 28 C.F.R. § 36.501(a), one might argue that Congress properly authorized the Executive Branch to enforce Title III of the ADA, see 42 U.S.C. § 12188(b) ("Enfor......
  • Grove v. De La Cruz, No. CV 04-3831 CAS.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Central District of California
    • October 31, 2005
    ...only remedies available to a private plaintiff under the ADA are injunctive relief and attorneys' fees. See 42 U.S.C. § 12188(a)(1); 28 C.F.R. §§ 36.501, 36.505. In the present case, plaintiff seeks an order from the Court directing De La Cruz defendants to install grab bars in the women's ......
  • Deck v. American Hawaii Cruises, Inc., Civ.No. 98-0002 ACK.
    • United States
    • Supreme Court of Hawai'i
    • March 30, 2000
    ...only remedy to which a private plaintiff is entitled in a suit brought pursuant to Title III of the ADA. See 42 U.S.C. § 12188(a)(1); 28 C.F.R. § 36.501; 28 C.F.R. § 6. The Court notes that the first two pages of Plaintiff's Declaration are original copies, whereas the signature page of Pla......
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47 cases
  • IN RE ALLEGHANY HEALTH, EDUC. AND RESEARCH FOUND., No. 98-25773-MBM to 98-25777-MBM.
    • United States
    • United States Bankruptcy Courts. Third Circuit. U.S. Bankruptcy Court — Western District of Pennsylvania
    • March 11, 2005
    ...Dorsey, 157 F.Supp.2d at 733 (citing several authorities); Guckenberger v. Boston University, 974 F.Supp. 106, 152 (D.Mass. 1997); 28 C.F.R. § 36.501(a) (2005); 1 Americans With Disabilities: Practice & Compliance Manual § 4:199 (West 2004) (citing numerous case B. Kirkland's Rehabilitation......
  • Laufer v. Arpan LLC, 20-14846
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • March 29, 2022
    ...U. L. Rev. 275, 292–93, 296 (1989) ).5 Because Laufer sued (at least in part) under an Attorney-General-promulgated regulation, see 28 C.F.R. § 36.501(a), one might argue that Congress properly authorized the Executive Branch to enforce Title III of the ADA, see 42 U.S.C. § 12188(b) ("Enfor......
  • Grove v. De La Cruz, No. CV 04-3831 CAS.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Central District of California
    • October 31, 2005
    ...only remedies available to a private plaintiff under the ADA are injunctive relief and attorneys' fees. See 42 U.S.C. § 12188(a)(1); 28 C.F.R. §§ 36.501, 36.505. In the present case, plaintiff seeks an order from the Court directing De La Cruz defendants to install grab bars in the women's ......
  • Deck v. American Hawaii Cruises, Inc., Civ.No. 98-0002 ACK.
    • United States
    • Supreme Court of Hawai'i
    • March 30, 2000
    ...only remedy to which a private plaintiff is entitled in a suit brought pursuant to Title III of the ADA. See 42 U.S.C. § 12188(a)(1); 28 C.F.R. § 36.501; 28 C.F.R. § 6. The Court notes that the first two pages of Plaintiff's Declaration are original copies, whereas the signature page of Pla......
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2 firm's commentaries
  • Healthcare Law Update: February 2020
    • United States
    • JD Supra United States
    • February 25, 2020
    ...can lead to civil money penalties, and any person who is subject to discrimination on the basis of disability may bring a civil action. 28 C.F.R. §36.501. For durable medical equipment, prosthetics, orthotics and supplies (DMEPOS) suppliers that participate in Medicare, failure to comply wi......
  • Violation Of The ADA May Disable Supplier's Ability To Bill Medicare
    • United States
    • Mondaq United States
    • February 27, 2020
    ...can lead to civil money penalties, and any person who is subject to discrimination on the basis of disability may bring a civil action. 28 C.F.R. §36.501. For durable medical equipment, prosthetics, orthotics and supplies (DMEPOS) suppliers that participate in Medicare, failure to comply wi......
1 books & journal articles
  • Vol. 12, No. 4, Pg. 14. Title III of the ADA: More than an Employment Statute.
    • United States
    • South Carolina Bar Journal Nbr. 2001, January 2001
    • January 1, 2001
    ...of the basis of disability" in violation of the ADA to bring a private suit for injunctive relief. 42 U.S.C. § 12188(a)(1); 28 C.F.R. § 36.501(a). Although district courts are divided on the issue, one circuit court of appeals has determined that, unlike the civil rights provisions of Title......

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