As noted in a blog posted previously on this website, Lynch Carpenter has filed a substantial number of cases nationally challenging the ongoing failure of banks and financial services providers to comply with ATM accessibility requirements for the blind and visually impaired. These cases assert claims under the Americans with Disabilities Act (“ADA”) and, where appropriate, parallel state laws. A number of bank defendants have filed baseless, cookie-cutter motions to dismiss challenging the standing of the named plaintiffs in these cases. On July 12, 2013, a United States Magistrate Judge sitting in the Middle District of Pennsylvania issued a comprehensive Report and Recommendation in Klaus v. Jonestown Bank and Trust Co. recommending the denial of a standing-based motion to dismiss. This is the sixth opinion endorsing plaintiffs’ position in the cases filed by Lynch Carpenter. By Order dated August 13, 2013, United States District Judge Christopher C. Connor adopted the Magistrate Judge’s Report and Recommendation denying the defendant bank’s motion to dismiss. To date, no court has granted a motion to dismiss in any of these cases.
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