ADA serial litigation
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Quick Hits – ADA and FHA news of note
Last week’s Quick Hits blog got a good response, so we are repeating it this week. Both of this week’s cases concern abusive serial litigation and the efforts of courts and state governments to put an end to it. Ford v. Jalisco Market, LLC, 2:16-CV-619-CW-BCW, 2017 WL 4621612, at *15 (D. Utah Oct. 13, 2017) is in… Continue reading
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ADA reform: neither complaints nor pre-suit notice will solve the problem.
Sixty Minutes and Forbes have now weighed in on the serial litigation crisis that threatens small businesses sued for often innocent or trivial ADA violations. Congress is gearing up once again to require pre-suit notice, a change demanded by businesses and opposed by disability rights groups. Meanwhile, the pace of ADA filings has only increased, with… Continue reading
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“Just the facts, m’am” – A bad week for ADA serial litigants
This is a follow up to last week’s blog, “Consolidate and Eliminate.” A magistrate judge in the Western District of Texas seems to be just that in a series of cases (more than 300) filed by Jon Deutsch in Austin, Texas. Deutsch v. Annis Enterprises, Inc., 2016 WL 5317431 (W.D. Tex. Sept. 21, 2016). I won’t provide… Continue reading
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“Avoiding ADA Lawsuits – A DIY Guide” – Register now for our June webinar.
How do serial ADA litigants manage to file dozens of lawsuits at a time? It certainly is not because they conduct formal ADA surveys of the properties they sue. On June 22, 2016 at noon Central Standard Time we will present our free webinar “Avoiding ADA Litigation – A DIY Guide.” We will show you… Continue reading
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“Cheap standing” under the ADA: district courts push back.
ADA serial litigation is possible only because of a judicially created doctrine of cheap standing. What do I mean by cheap standing? Standing that can be obtained at minimal expense and inconvenience. Serial litigation is economically feasible only because a plaintiff can obtain standing merely by seeing a non-compliant parking space and then leverage that… Continue reading
