serial litigation
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Quick Hits – Vernal Equinox edition
Madeira was traditionally aged in barrels that crossed the equator twice, the heat and time fortifying and sweetening the wine. Like a cask of Madeira the sun will cross the equatorial plane of the earth in a few days, but you won’t have to wait for the next crossing in the fall for a quick Continue reading
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Quick Hits – Serial filer edition
All but two of today’s cases are from serial filers, and 7 of 17 are from a single serial filer, Scott Johnson. The fact that serial filers dominate the world of ADA litigation is hardly news; in fact, it would news if an ordinary disabled individual who suffered a real ADA injury filed suit. It Continue reading
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ADA Standing “when the truth don’t lie.”
“‘What is truth?’ said jesting Pilate, and would not stay for an answer.” These words from Francis Bacon’s famous essay on truth often seem to apply in the earliest part of an ADA lawsuit. Truth is important, but takes a back seat to procedure. In Gastelum v. Canyon Hospitality. LLC, CV-17-02792-PHX-GMS, 2018 WL 2388047 (D. Ariz. Continue reading
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Getting real – a step in the right direction for ADA claims
The usual elements of a complaint filed under the FHA and ADA are: A lengthy and unnecessary recital of the legislative history of the law, including all kinds of statements about the historical oppression of those with disabilities, A broad allegation that the plaintiff visited the defendant’s location, without details that might make the claim verifiable, 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
