In the space of three days in early December four different courts took very different approaches to standing allegations by serial ADA litigants. A comparison shows there is no certainty in how the law will be applied in ADA cases at the District Court level because neither the Constitution nor the pronouncements of the Supreme Court appear to matter when it comes to standing decisions. More
Iqbal
Iqbal, Twombly and the ADA
By Richard Hunt in Accessibility Litigation Trends, ADA - drive-by litigation, ADA - serial litigation, ADA FHA Litigation General Tags: ADA pleading, ADA standing, Cheap Standing, Iqbal, Twombly
Meet Iqbal and Twombly.* Pleading an ADA case sometimes seems trivially easy. Allege a disability, allege an encouter with an architectural barrier, claim intent to return or deterrence and any plaintiff should be able to at least avoid dismissal. It appears, however, that some courts are taking a harder look at the kind of vague allegations found in the pleadings of many serial plaintiffs. This gives defendants new opportunities for early dismissal.** More