ada violation
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The DIY ADA litigation avoidance survey – is that a target on your back?
If you know your business has ADA compliance issues then hire an expert to find them all and plan for remediation. If you’re not sure, and don’t want to pay to expert, here’s a method for checking the accessibility problems most likely to lead to a lawsuit. If your business has these issues, your best Continue reading
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Litigants, lawyers and tape measures – DIY ADA compliance
A recent decision from the Southern District of New York, Gropper v. David Ellis Real Estate L.P. , 2014 WL 904483 (S.D. N.Y. March 4, 2014) demonstrates some of the unique features of ADA litigation, but also points to a practical solution for business owners who want to avoid a lawsuit. The issue before the Continue reading
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Who wears the halo? For a successful ADA defense it has to be the defendant.
Two cases decided only last week illustrate what a defendant must do if it is determined to win an ADA lawsuit. In one case the defendant failed, and in the other the defendant succeeded. Both cases were ATM cases filed by the same law firm, and it is safe to assume that the work on Continue reading
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Dentists, Doctors and the Deaf – The next wave of ADA lawsuits
The drums of war are pounding. Last January a disability advocate from Florida, Marc Dubin, published a short article titled “What Doctors (and Their Office Managers) Need to Know About Patients With Hearing Disabilities and Interpreter Services.” He pointed out the obvious; that is, that doctors cannot discriminate against the deaf. On March 19 of Continue reading
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The Devil to Pay: ADA litigation settlement dynamics
Like most lawsuits of all kinds, ADA cases almost always settle, usually sooner rather than later. Except where damages are an issue, as in California, the settlement has only three components: what ADA violations will be fixed, when will they be fixed, and how much money will the plaintiff and plaintiff’s attorneys get. The presence Continue reading
