Most of the 37 ATM lawsuits filed in Texas since June of 2012 have been dismissed or settled, but two have just moved past the motion to dismiss phase and may become significant as models for later class actions concerning ATMs and other facilities. The decisions denying the defendants’ motions to dismiss point to some of the problems with this kind of case and suggest strategies for dealing effectively with them. More
Accessibility Litigation Trends
Endless liability for FHA design/build claims is alive and well
By richardhunt in Accessibility Litigation Trends, ADA FHA General, ADA FHA Litigation General, Apartments, Condominiums, Multi-Family, Statute of Limitatinos Tags: ada litigation, Apartments, Condominiums, FHA Litigation, Statute of limitations
The apartment complex is complete, the construction crews have gone home, and a certificate of occupancy has been issued. A decade passes, and then another. The apartments are sold and the developer, contractor and architect move on to other projects. Any complaints about construction of the apartments in compliance with FHA accessibility requirements seem lost in the mists of time. And then comes the lawsuit. A disabled renter has discovered that the individual units are not FHA compliant and sues the entire original development team demanding that they renovate the entire complex. Surely such a claim is barred by the FHA’s two year statute of limitations. Unfortunately, in most of the U.S. it is not. More
Squabbles and Battles – when winning matters.
By richardhunt in Accessibility Litigation Trends, ADA FHA General, ADA FHA Litigation General, FHA, Statute of Limitatinos Tags: FHA ADA litigation "statute of limitations" strategy DOJ "attorney general" enforcement
This week two district courts, one in Oregon and one in Florida, confronted defendants determined to make sure that no one would be allowed to know whether they had violated the FHA or ADA. One seems to involve only a pointless squabble that increased legal expenses for no good purpose. The other shows how a battle over discovery can provide a real victory for the property owner. More
How courts have missed the point on ADA and FHA indemnity issues
By richardhunt in Accessibility Litigation Trends, ADA FHA General, ADA FHA Litigation General Tags: ada litigation, architects, contractors, contribution, developers, indemnity
No one person can usually make all the mistakes needed for design/build liability under the ADA and FHA. At a minimum the architect, builder and owner probably made mistakes, and in many cases there are subcontractors involved as well. In traditional litigation this would be a plaintiff’s dream. The more defendants, the bigger the pot of money for settlement and attorney’s fees. Despite this common wisdom courts looking at indemnity and contribution issues under the ADA and FHA have generally limited the ability to bring in additional defendants in ways tend to defeat the purpose of these laws and do so primarily at the expense of property owners and developers. More
A warning for cities and states – ADA FHA liability for private contractors
By richardhunt in Accessibility Litigation Trends, ADA FHA General, ADA FHA Litigation General, ADA indemnity contribution, municipal government, Public Facilities, Title II Tags: cities, contribution, government contracts, indemnity, muncipalities
Concepts like “privatization” and “resource sharing” and “public/private partnerships” sound great in concept, but when it comes to ADA and FHA liability these may result in municipalities and government agencies taking on risks they cannot control. A handful of cases serve to sketch out the problem.
In Colorado a woman with a hearing impairment sued the community association for her senior living facility because it did not provide the kind of assistance she wanted at community board meetings and events. The community association was private, but used facilities from a housing district. The district court found that the municipal housing district could be held liable for the failure of the community association to provide assistance. More