UPS Attacks Disability Rights Group
UPS claims largest Disability Rights group not qualified to enforce disability discrimination laws, seeks dismissal of ADA class action.
(PRWEB) October 18, 2004 -- Recent court papers filed by United Parcel Service, Inc. have asked a federal judge in Pittsburgh to dismiss an ADA class action lawsuit.
"It was expected," said Pittsburgh attorney Charles Lamberton, one of the lawyers representing the Plaintiffs. "When companies know they broke the law, they try to get the case dismissed on technicalities."
One UPS argument in particular has raised eyebrows among legal experts. UPS has asked U.S. District Court Judge Joy Flowers Conti to strike the American Association of People with Disabilties off the case because "AAPD has not been injured" by UPS's discrimination. "That's like saying the Steelers don't suffer when Jerome Bettis gets hurt," Lamberton said.
In addition to seeking dismissal, court filings also show UPS wants the case to be assigned to another judge. "That move took guts. Judge Conti's employment opinions have been thoughtful, well-reasoned and balanced," Lamberton said. "She is deeply devoted to the law and is one of smartest judges on the court. It just boggles the mind why UPS would want a different judge on the case."
Aside from UPS's procedural manuevers, the merits of the case are getting stronger. "We've talked to people in Florida, New Jersey, Washington, California, Minnesota, Illinois and Pennsylvania." "It's very clear UPS is forcing employees off their prescription medications all over the country," Lamberton said.
The case is Darlene Veltri and the American Association of People with Disabilities vs. United Parcel Service, Inc., Civil Action No. 04-1177 (W.D.Pa. 2004). For up to date developments, visit www.lambertonlaw.com/CaseFilings.htm.
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