ada litigation
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First Fix, Then Fight – the foundation of ADA defense.
“First Fix, Then Fight” has been this blog’s slogan and trademark from the beginning. This isn’t based on a philosophical opposition to litigation, which is sometimes unavoidable, but on a hard headed assessment of the economics of ADA litigation and the difficulty in winning in the early stages of a case. Last week’s decision in Continue reading
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Temporary profits can mean a permanent problem under the ADA
What’s wrong with this picture? You can be excused if you don’t immediately think, “no accessible parking,” but that might be the first thing that would come to mind for the defendant in Langer v. G.W. Properties, L.P., , 2016 WL 3419299, (S.D. Cal. June 21, 2016). Langer serves as a reminder that a business not usually 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
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Does the ADA require a compliance policy? Maybe not, but it’s a good idea.
This last week a federal district court in Ohio kicked out most of an ADA plaintiff’s claims that were based on the defendant’s lack of an ADA policy. Mark Timoneri v. Speedway, LLC, 2016 WL 2756868 (N.D. Ohio May 12, 2016). Just a few weeks earlier the federal district court for the Western District of Continue reading
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ADA and the Internet – Guilty until proven innocent, and you don’t get to prove you are innocent.
In a decision issued on April 20, Judge Arthur Schwab of the Western District of Pennsylvania makes it clear that every potential defendant who was sent one of the Carlson Lynch firm’s ADA Internet demand letters will end up in his court, and will have little choice but to settle. Since Carlson Lynch apparently sent Continue reading
