ADA FHA General
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Good news for ADA defendants facing cut and paste pleadings
A pair of recent district court decisions provide some hope for defendants that federal courts are taking seriously the plaintiff’s obligation to plead an intelligible claim for relief. Unfortunately, the standard is still fairly low, and will only slightly limit cookie cutter lawsuits based on generic allegations. Nonetheless, ADA defendants will want to study the… Continue reading
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A green card is no red light when it comes to ADA and FHA litigation
Many modern building codes incorporate accessibility requirements that parallel or even exceed the requirements of the FHA and ADA. In fact, the regulations implementing the accessibility provisions of the Fair Housing Act identify as safe harbors the provisions of several versions of the International Building Code. It is hardly surprising then that property owners and… Continue reading
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ADA Defense – know when to fold ’em.
In the classic Kenny Rogers song “The Gambler” a mysterious stranger advises him to “know when to hold ’em, know when to fold ’em, know when to walk away and know when to run.” You can’t walk or run away from an ADA lawsuit, but a spate of new decisions illustrate the dangers of not… Continue reading
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The DIY ADA litigation avoidance survey – is that a target on your back?
If you know your business has ADA compliance issues then hire an expert to find them all and plan for remediation. If you’re not sure, and don’t want to pay to expert, here’s a method for checking the accessibility problems most likely to lead to a lawsuit. If your business has these issues, your best… Continue reading
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Litigants, lawyers and tape measures – DIY ADA compliance
A recent decision from the Southern District of New York, Gropper v. David Ellis Real Estate L.P. , 2014 WL 904483 (S.D. N.Y. March 4, 2014) demonstrates some of the unique features of ADA litigation, but also points to a practical solution for business owners who want to avoid a lawsuit. The issue before the… Continue reading