Nanni v. Aberdeen Marketplace, Inc., No. 16-1638 (4th Cir. 2017)Annotate this Case
The Fourth Circuit vacated the district court's judgment in favor of Aberdeen in a complaint alleging violation of the Americans with Disabilities Act (ADA), 12 U.S.C. 12182. Plaintiff, who uses a wheelchair, alleged that Aberdeen's Marketplace shopping center had unlawful barriers that hindered access to the Marketplace and discriminated against plaintiff. The court held that plaintiff has sufficiently alleged standing to sue and was entitled to pursue his ADA claim. In this case, plaintiff's complaint sufficiently alleged standing to sue under the injury-in-fact element in Lujan v. Defs. of Wildlife, 504 U.S. 555, 561 (1992), because there was nothing conjectural or hypothetical about the injuries plaintiff suffered during his visits to the Marketplace and the complaint sufficiently alleged a likelihood that plaintiff would again suffer such injuries.