A federal judge has sent to arbitration an ADA case against Marshall Dennehey Warner Coleman & Goggin involving an attorney who said the firm didn’t make accommodations for her fear of taking the elevator to her 24th-floor office.

Plaintiff Erica A. Serine argued Marshall Dennehey’s bid to move the case to arbitration after the motion to dismiss stage of the case was too late. But U.S. District Judge Berle M. Schiller of the Eastern District of Pennsylvania rejected the argument that Marshall Dennehey waived its right to arbitrate, finding the delay in sending the case to arbitration would not prejudice Serine.