ada litigation
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Dialing for Dollars – Ninth Circuit encourages abusive ADA litigation
In Civil Rights Education and Enforcement Center v. Hospitality Properties Trust, 2017 WL 3401319 (9th Circuit, August 9, 2017) the Ninth Circuit decided once again to make abusive serial ADA litigation as easy as possible, ignoring both the constitutional limits on standing and the way cheap standing† has created a crisis in ADA litigation that Continue reading
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The interactive process under ADA Title III – maybe not the law, but a good idea anyway.
In its May 2, 2017 decision in Koester v. Young Men’s Christian Assn. of Greater St. Louis, 855 F.3d 908, 909 (8th Cir. 2017) the Eighth Circuit casually suggested that the “interactive process” does not apply to accommodation requests under Title III of the ADA. It sidestepped the issue in the end, but wrote that it Continue reading
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ADA Litigation – cooking hotdogs with $100 bills.
The following link is to a story on ABC 15, Arizona concerning the latest developments in the ongoing investigation of abusive ADA litigation in Arizona and New Mexico. Local Judge Orders Release. The article explains the situation in some detail, but the basic news is simple. A private company hired lawyers and plaintiffs to file Continue reading
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Beware the ADA settlement that buys a big bag of nothing.
We’ve written before about the perils of private ADA settlements. The yin and yang of ADA defense. Perilous settlements and temporary victories, and Starbucks and the ADA – more perilous settlements and temporary victories. explain how an ADA settlement can cost plenty and do nothing. The problem is simple. If you settle one case, but Continue reading
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Consolidate and (maybe) eliminate – a new strategy against ADA serial litigants
Two recent cases, one handled by the authors of this blog, illustrate how a strategy of consolidation may make it possible to economically get rid of serial ADA filings where standing is an issue. The intervention of the Arizona Attorney General in more than a thousand cases filed under Arizona’s ADA equivalent has been big news Continue reading
