- A lengthy and unnecessary recital of the legislative history of the law, including all kinds of statements about the historical oppression of those with disabilities,
- A broad allegation that the plaintiff visited the defendant’s location, without details that might make the claim verifiable, and
- A series of broad statements about violations of the law that, once again, lack any detail that would make them verifiable.
By Richard Hunt in Accessibility Litigation Trends, ADA - drive-by litigation, ADA - serial litigation, ADA Litigation Procedure Tags: ADA drive-by litigation, ada litigation, Arizona Attorney General, serial litigation
The intervention of the Arizona Attorney General in more than a thousand cases filed under Arizona’s ADA equivalent has been big news for some time in the ADA litigation world. (see our blog, Arizona Attorney General Intervenes to stop abusive ADA litigation) Now, according to the latest news stories (click here), the Attorney General will seek to have the entire group of cases dismissed on standing grounds. The result is still uncertain, but reports that the plaintiff never visited most of the locations sued seem to point toward a decision favorable to the State.** More
This is just a quick note about a major development in the story concerning thousands of lawsuits filed in Arizona by a purported disability rights group. The attorney involved, Peter Strojnik was mentioned in two of my blogs earlier this year. The Economist covers serial ADA litigation – Hunt quoted and Cheap Standing under the ADA. After investigations by the press and local authorities the head of the plaintiff organization has resigned and the Arizona Attorney General has intervened in an effort to shut down the litigation mill. You can read the most recent in a series of stories by Steven Trotten HERE and read the Motion to Intervene HERE. More
By Richard Hunt in Accessibility Litigation Trends, ADA FHA General, ADA FHA Litigation General, Building Codes, DOJ, municipal government, Public Facilities, Restaurants, Retail, Shopping Centers Tags: ada litigation, drive-by lawsuits, drive-by litigation, private lawsuits, restaurants, serial litigation