ADA FHA Litigation General
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ADA serial litigation problems? – don’t get mad, get even.
This post was inspired by an article forwarded from fellow ADA blogger William Goren, whose blog contains excellent analysis of current cases. The article describes a Florida hotel’s fight against a local serial ADA complainant who, it appears, may be afraid to go to trial on the lawsuit he filed. It isn’t clear how the case… Continue reading
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ADA Maintenance – An ounce of prevention . . . .
One of the many ADA risks that businesses face is the risk of sliding into non-compliance through maintenance failures. This seems to come up most often in the context of parking, because the markings required for accessible parking are exposed to the weather and to wear from car tires. I recently settled a case of… Continue reading
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The ADA turns 25 – let’s celebrate with a lawsuit!
The Department of Justice and various disabilities rights groups are busy celebrating the 25th anniversary of the Americans with Disabilities Act. It is a peculiarly American kind of celebration, because much of the focus is on stepped up enforcement; that is, filing a lot of new lawsuits. The lead sentence from an article in the… Continue reading
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It almost worked, and then it got worse: An ADA strategy lesson.
The defendants in Association for Disabled Americans v. Reinfeld Anderson Family LTD, PRT, 2015 WL 1810536 (S.D. Fla. 2015) came within minutes of total victory on a motion to dismiss, but failed in the end. The case is a study in ideas with superficial appeal that can actually make things worse. Continue reading
