ADA – drive-by litigation
-
Transunion v Ramirez – has the Supreme Court put an end to cheap standing in ADA litigation?
Almost every claim brought under Title III of the Americans with Disabilities Act raises standing issues because, in almost every case, the lawsuit is the result of a plaintiff, usually sponsored by a law firm, seeking out an ADA violation in order to make money off a quick settlement.¹ The Supreme Court’s June 25, 2021… Continue reading
-
Tester standing under the ADA – Getting it wrong, getting it right, and an interesting but irrelevant analysis.
Three cases in the last thirty days look at ADA standing and reach different conclusions about what the Constitution and the ADA require. For victims of serial litigation and for courts interested in the coherent application of the text of the ADA and similar statutes these are crucial cases.² Continue reading
-
Same old wine in a brand new bottle – Pursuit of Justice, Inc. and the FHA
I had forgotten that this classic song was from Loggins & Messina until I looked it up after getting an old demand letter packaged by a new firm. I have blogged before about Legal Justice Advocates, a front for a group of attorneys who sent hundreds of demand letters making unsustainable claims about website accessibility… Continue reading
-
Quick Hits – April Fools Edition
If foolishness were limited to one day a year this blog would be well overdue, but a glance at the news – legal, political or other, shows that every day in April can be April fools day, so I make no apologies for the delay in getting this out. The difference between accommodation and modification… Continue reading
-
Quick Hits – Vernal Equinox edition
Madeira was traditionally aged in barrels that crossed the equator twice, the heat and time fortifying and sweetening the wine. Like a cask of Madeira the sun will cross the equatorial plane of the earth in a few days, but you won’t have to wait for the next crossing in the fall for a quick… Continue reading