ADA FHA General
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Who wears the halo? For a successful ADA defense it has to be the defendant.
Two cases decided only last week illustrate what a defendant must do if it is determined to win an ADA lawsuit. In one case the defendant failed, and in the other the defendant succeeded. Both cases were ATM cases filed by the same law firm, and it is safe to assume that the work on… Continue reading
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Segway or the Highway Says the DOJ
On January 31 of this year the Department of Justice published a new guidance (www.ada.gov/opdmd.pdf) on the use of mobility devices other than wheelchairs. Business owners cannot avoid paying attention to the guidance despite the fact that the DOJ has taken a position that is diametrically opposed to the existing judicial decisions regarding Segways as… Continue reading
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TASA Webinar – “Understanding, Avoiding and Defending Accessibility Lawsuits”
Have you ever wondered just why certain kinds of ADA lawsuits recur so often, while others are rare? Or how a business owner can be proactive in avoiding ADA and FHA Litigation? On Thursday, March 13, at 1:00 Eastern Time I’ll be presenting a webinar for the TASA Group on “Understanding, Avoiding and Defending Accessibility… Continue reading
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Dentists, Doctors and the Deaf – The next wave of ADA lawsuits
The drums of war are pounding. Last January a disability advocate from Florida, Marc Dubin, published a short article titled “What Doctors (and Their Office Managers) Need to Know About Patients With Hearing Disabilities and Interpreter Services.” He pointed out the obvious; that is, that doctors cannot discriminate against the deaf. On March 19 of… Continue reading
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Attorneys Fees in ADA and FHA cases – It’s time for fairness
The attorney’s fee provision in the ADA, 42 U.S.C. §12205, is perfectly even handed. It simply allows the court to award attorneys fees in its discretion. Nonetheless, courts consistently hold that ADA lawsuits should be treated like civil rights cases under Title VII, in which a prevailing plaintiff always recovers fees, but a prevailing defendant… Continue reading
