This post was inspired by an article forwarded from fellow ADA blogger William Goren, whose blog contains excellent analysis of current cases. The article describes a Florida hotel’s fight against a local serial ADA complainant who, it appears, may be afraid to go to trial on the lawsuit he filed. It isn’t clear how the case will end, but the defendant has William Norkunas on its side. Norkunas is himself a frequent ADA plaintiff and has served as an expert witness in more than a thousand cases. He is clearly an advocate for ADA enforcement, but is quoted as saying that the plaintiff in this particular case is operating a “continuing criminal enterprise that boils down to extortion.” More
By Richard Hunt in Accessibility Litigation Trends, ADA, ADA FHA Litigation General, Doctors, Hospitals, Medical, Medical, Professional services Tags: ada litigation, ADA pleading, ADA standing, Doctors, Hospitals, Medical, private lawsuits, private litigants
The defendants in Association for Disabled Americans v. Reinfeld Anderson Family LTD, PRT, 2015 WL 1810536 (S.D. Fla. 2015) came within minutes of total victory on a motion to dismiss, but failed in the end. The case is a study in ideas with superficial appeal that can actually make things worse. More
By Richard Hunt in ADA, ADA FHA Litigation General, ADA Policies, ADA regulations, Retail, Uncategorized Tags: ada litigation, ADA pleading, ADA standing, FHA ADA litigation "statute of limitations" strategy DOJ "attorney general" enforcement, private lawsuits, private litigants
This inspiring picture of a para-athlete should remind us all of what those with “disabilities” as defined by the law can achieve. It should also make the courts consider whether they have mis-construed the law concerning injury under the ADA. I’ve written many times before about the troubling tendency of some courts to ignore the actual injury requirement for lawsuits under the ADA. (See my posts on December 23, 2013, October 3, 2013, May, 2013 and especially Nov. 6, 2013). A recent decision from North Carolina shows how one court, at least, has adopted the common sense view that a plaintiff who has not been injured cannot maintain an action under the ADA. Blue v. Boddie-Noell Enterprises, Inc., 2015 WL 509831 (E.D.N.C. Feb. 6, 2015). More
A pair of recent district court decisions provide some hope for defendants that federal courts are taking seriously the plaintiff’s obligation to plead an intelligible claim for relief. Unfortunately, the standard is still fairly low, and will only slightly limit cookie cutter lawsuits based on generic allegations. Nonetheless, ADA defendants will want to study the cases when confronted by a plaintiff whose settlement demands are so unreasonable that a substantive defense makes economic sense. More
Two cases decided only last week illustrate what a defendant must do if it is determined to win an ADA lawsuit. In one case the defendant failed, and in the other the defendant succeeded. Both cases were ATM cases filed by the same law firm, and it is safe to assume that the work on behalf of the plaintiffs was of equal quality in both cases. The difference was the defense.
In the first case, Sawczyn v. BMO Harris Bank Nat. Ass’n, 2014 WL 1089790 (D. Minn. 2014), the defendant argued that the case was moot because non-functioning audio jacks in two ATMs had been replaced. The defendant did not address other alleged failures to comply with the ADA requirements for ATMs, and could only state with respect to its overall compliance that it was “unaware” of any other problems. There was no evidence that all the ATMs were compliant before the lawsuit was filed, and no evidence of a comprehensive policy for testing to make sure the ATMs remained compliant. The court was not impressed, and denied the defendant’s Motion to Dismiss. More