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CITY OF LOS ANGELES v. AECOM SERVICES, INC.

No. 15-56606.

854 F.3d 1149 (2017)

CITY OF LOS ANGELES, a municipal corporation (acting by and through its Department of Airports), Third-Party-Plaintiff-Appellant, v. AECOM SERVICES, INC.; Tutor Perini Corporation, Third-Party-Defendants-Appellees, and BCI Coca-Cola Bottling Company of Los Angeles; Jaroth, Inc., Third-Party-Defendants

United States Court of Appeals, Ninth Circuit.

Filed April 24, 2017.

Attorney(s) appearing for the Case

Timothy T. Coates (argued) and Edward L. Xanders , Greines Martin Stein & Richland LLP, Los Angeles, California; Kevin Gilbert , Lozano Smith , Walnut Creek , California; Kerrin Tso , Los Angeles City Attorney's Office, Los Angeles, California; for Third-Party-Plaintiff-Appellant.

Robert Nida (argued), Edward Wei , and Nomi L. Castle , Castle & Associates APLC, Beverly Hills, California, for Third-Party-Defendant-Appellee Tutor Perini Corporation.

Noel Eugene Macaulay (argued) and Steven H. Schwartz , Schwartz & Janzen LLP, Los Angeles, California, for Third-Party-Defendant-Appellee AECOM Services, Inc.

Christine Van Aken , Chief of Appellate Litigation; Dennis J. Herrera , City Attorney; City Attorney's Office, San Francisco, California; for Amici Curiae League of California Cities and California Association of Joint Powers Authorities.

Before: MILAN D. SMITH, JR. and N.R. SMITH, Circuit Judges, and GARY FEINERMAN, District Judge.

OPINION

This appeal presents a single legal question that has not yet been addressed by our court: Do Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 (§ 504) preempt a city's state-law claims for breach...

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