FHA design/build litigation
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Auer deference and the Fair Housing Act – does Kisor change anything?
Just last week the Supreme Court took a long hard look at something called “Auer deference” and decided that it would remain the law, but with some strings attached. Kisor v Wilke, No. 18-15 (June 26, 2019). I’ve never once had the occasion to mention Auer deference in this blog or in any brief I’ve filed 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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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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ADA and FHA Quick Hits – Happy New Year edition
There is only one prediction that can be made with complete certainty about ADA and FHA litigation in 2019: Lawyers will continue to make money exploiting these laws for profit in the name of accessibility. The number of lawsuits continues to climb, and with Congress and regulators unwilling to do anything this exploitation will continue. 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
