First Fix Then Fight
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Accessibility Law for Real Estate Lawyers
On November 5, 2024 beginning at 1:00 p.m. Eastern Time I’ll be presenting a 90 minute webinar on Accessibility Law for Real Estate Lawyers to the ABA Section of Real Property, Trust and Estate Law. I’ll survey the accessibility laws that most often apply to real estate buyers, sellers, developers, owners, operators, landlords, tenants and Continue reading
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Quick Hits – Tax Day Edition
A third of the reported ADA and FHA decisions in the last three weeks involved a single plaintiff, Scott Johnson. Mr. Johnson’s name is often found in this blog because he has been a fertile source of decisions on a wide range of ADA issues. As discussed below, outrage is one common response to his Continue reading
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Quick Hits – Cyber Monday edition
That’s right, it’s Cyber Monday. Interestingly enough there have been no ADA web access decisions since my last Quick Hits blog, but there are still a few developments of interest. The long road from an interesting partial victory to a final settlement. I blogged about States v. Mid-America Apartment Comms., Inc., 247 F. Supp. 3d 30, Continue reading
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Quick Hits – the ADA and FHA Memorial Day edition
The last couple of weeks brought a variety of decisions, most falling in to one of the familiar patterns for ADA and FHA litigation, but one or two presenting novel defenses and interesting judicial reactions. A very interesting question of standing. Johnson v. Castro et al, 2:16-CV-00658-MCE-DB, 2018 WL 2329249, at *3 (E.D. Cal. May 23, Continue reading
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Abusive ADA serial litigation – bad plaintiffs don’t excuse ADA violations
A December 30 opinion from the Eastern District of New York should remind businesses that the obligation to comply with the ADA does not depend on the moral quality of the plaintiff. While judges do not like plaintiffs and lawyers who merely exploit the ADA for profit, they also understand that the law is the law. Continue reading
