3rd Circuit Vacates ADA Suit Dismissal, Says Incompetence Inquiry Needed

Mealey's (June 18, 2021, 10:02 AM EDT) -- PHILADELPHIA — Letters from doctors attesting to the impacts of a plaintiff’s major depression and schizophrenia were sufficient to require a sua sponte inquiry into his potential incompetence under Federal Rule of Civil Procedure 17, the Third Circuit U.S. Court of Appeals ruled June 15, vacating and remanding a New Jersey federal court’s order dismissing the man’s suit alleging that the nursing facility where his mother had resided violated the Americans with Disabilities Act (ADA) and intentionally inflicted emotional distress by limiting his visits with her....