private litigants
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The danger of fighting a losing battle in ADA cases
This is a short follow-up to my May 14 blog “know when to fold ’em.” A couple of weeks after I published that piece a decision came out from the Northern District of Georgia that dramatically illustrates the risk of a vigorous defense in a losing case. Defense counsel interested in the legal principles that… Continue reading
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Good news for ADA defendants facing cut and paste pleadings
A pair of recent district court decisions provide some hope for defendants that federal courts are taking seriously the plaintiff’s obligation to plead an intelligible claim for relief. Unfortunately, the standard is still fairly low, and will only slightly limit cookie cutter lawsuits based on generic allegations. Nonetheless, ADA defendants will want to study the… Continue reading
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ADA Defense – know when to fold ’em.
In the classic Kenny Rogers song “The Gambler” a mysterious stranger advises him to “know when to hold ’em, know when to fold ’em, know when to walk away and know when to run.” You can’t walk or run away from an ADA lawsuit, but a spate of new decisions illustrate the dangers of not… Continue reading
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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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The real victims of stupid and abusive ADA lawsuits? The disabled.
This morning’s news featured a piece about ADA based attacks on workshops for the disabled (Morning Edition, National Public Radio). What’s bad about a special facility where those with intellectual and other severe disabilities can earn some money? According to the DOJ and supposed disabilities advocates it keeps the disabled from getting “real” jobs that pay at least the minimum wage.… Continue reading
