Silguero v. CSL Plasma, Inc., No. 17-41206 (5th Cir. 2018)Annotate this Case
Plaintiffs filed suit under the Americans with Disabilities Act (ADA) and Chapter 121 of the Texas Human Resources Code (THRC), alleging that CSL Plasma did not accept plaintiffs' plasma donations based on plaintiffs' disabilities. The Fifth Circuit affirmed the district court's dismissal of the action and held that CSL Plasma was not a "service establishment" within the definition of "public accommodation" under the ADA. The court explained that CSL Plasma paid plaintiffs for the inconvenience of donating plasma so that it can collect a commercially valuable asset. The court certified the THRC issue to the Supreme Court of Texas.
The court issued a subsequent related opinion or order on August 9, 2019.