private lawsuits
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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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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
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The next wave – ADA lawsuits against touchscreen POS devices
Touchscreen point-of-sale devices are ubiquitous, and the next wave of ADA lawsuits will undoubtedly be against businesses that use them. This is easy to predict because on April 10 the DOJ filed a “Statement of Interest” supporting the claims of the plaintiff in New v. Lucky Brand Dungarees Stores, Inc. (Case No. 14-CV-20574 in the Southern… 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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Segway or the Highway Says the DOJ
On January 31 of this year the Department of Justice published a new guidance (www.ada.gov/opdmd.pdf) on the use of mobility devices other than wheelchairs. Business owners cannot avoid paying attention to the guidance despite the fact that the DOJ has taken a position that is diametrically opposed to the existing judicial decisions regarding Segways as… Continue reading
