ada litigation
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DOJ rolls out new website to provide no help whatever to businesses concerned with internet access
I wish that this were one of those satires found The Onion and similar publications. On April 25 at 3:00 a.m. Central Time the Department of Justice announced a new “Accessible Technology” section in the DOJ’s ADA website (http://www.ada.gov/access-technology/index.html). The new web page is supposed to: “assist covered entities and people with disabilities to understand how the Continue reading
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Disabled? Compared to whom? Measuring ADA disabilities
In Winston Groom’s “Forrest Gump” a young man with a significant intellectual impairment manages to accomplish great things through a combination of luck, determination, and insistent loyalty to his friends and family. Was he disabled as that term is defined under the ADA? An April 11 decision from the Easter District of Pennsylvania reminds us how complex Continue reading
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Abusive ADA Litigation – the answer is local, not legal
Tens of millions of dollars are wasted each year on litigation under the Americans with Disabilities Act. The money is wasted because instead of going directly to improvements that make businesses more accessible, the money goes to lawyers. Diverting money from remediation to litigation is the real tragedy of so called “drive-by” lawsuits. . Every Continue reading
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Hot off the presses – ADA governs the internet, maybe.
On February 9 Magistrate Judge Katherine Robertson issued a 45 page decision denying a Motion to Dismiss in National Association of the Deaf v. Harvard University, Case No. 3:15-cv-30023-MGM in the District of Massachusetts. This is not the place for a detailed analysis of the opinion, but for ordinary businesses there is quite a bit less to Continue reading
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The ADA and safety – beyond accessibililty to damages.
A recent case from Maryland, Bray v. Marriott Int’l, 2016 WL 319873, at *1 (D. Md. Jan. 27, 2016) serves as a reminder that violations of ADA accessibility standards may also serve as evidence of negligence in a personal injury case. When I last wrote about this subject in 2013 (click the following link to read my Continue reading
