Bravo les bleus as our friends from France say. Their convincing victory over Croatia to win the World Cup is not, unfortunately, matched by developments in the world of ADA and FHA litigation, which are as usual a mixed bag.
Remember the Hydra?
Fernando Gastelum, Pl., v. P. Heritage Inn of Chandler LLC, Def.., 2018 WL 3376964 (D. Ariz. July 11, 2018) reminds us that ADA plaintiffs, like the mythical Hydra, can be hard to stop. The Hydra originally had nine heads, but grew two new heads for every one that was cut off. Mr. Gastelum, who suffered a reversal recently when a federal judge dismissed eleven cases as once* survived a Motion to Dismiss that argued, in essence, his eleven earlier defeats should be sufficient to defeat his new lawsuit. The Court disagreed, noting that a lawsuit against a different defendant and different hotel was subject to the same rules concerning the presumed truth of the complaint no matter how many times similar complaints had been dismissed. Another reminder that only Congress can solve the serial litigation problem. More