Building Codes
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Loper Bright v Raimondo – the demise of Chevron may change FHA disability litigation.
In Loper Bright Enterprises et al v. Raimondo, Secretary of Commerce et al, Case No. 22-451 (June 28, 2024) the Supreme Court overruled Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., a case that, as one commentator observed, was the foundation of the administrative state.¹ At first glance this decision has little to do with… Continue reading
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FHA design/build claims – how safe is your harbor?
Miami Valley Fair Hous. Ctr., Inc. v. Preferred Living Real Est. Investments, LLC,2018 WL 4690790, at (S.D. Ohio Sept. 28, 2018) is not a brand new case, but it contains so much of interest it is worth a close second look by both defendants and plaintiffs in FHA design/build cases. The Court’s principal holding is… Continue reading
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Maybe a CO does mean something – rediscovering a safe harbor under the FHA.
In a March 27, 2017 ruling Judge Richard Leon of the D.C. Circuit found a safe harbor in the Fair Housing Act that I haven’t seen referred to in any earlier published opinion. See, U.S. v. Mid-America Apt. Communities, Inc., 2017 WL 1154944 (D.D.C. Mar. 27, 2017). In the defense of FHA design / build… Continue reading
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Abusive ADA Litigation – the answer is local, not legal
Tens of millions of dollars are wasted each year on litigation under the Americans with Disabilities Act. The money is wasted because instead of going directly to improvements that make businesses more accessible, the money goes to lawyers. Diverting money from remediation to litigation is the real tragedy of so called “drive-by” lawsuits. . Every… Continue reading
