ada litigation
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It almost worked, and then it got worse: An ADA strategy lesson.
The defendants in Association for Disabled Americans v. Reinfeld Anderson Family LTD, PRT, 2015 WL 1810536 (S.D. Fla. 2015) came within minutes of total victory on a motion to dismiss, but failed in the end. The case is a study in ideas with superficial appeal that can actually make things worse. Continue reading
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Is it the lawyer, the judge or the law? – more ADA contradictions and confusion
Three recent cases from District Courts in California show just how hard it can be to predict what will happen in an ADA case, at least in the early stages. The facts are essentially identical, but the results are diametrically opposed. Is it because the judges have different views of the law? Is it because the… Continue reading
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Who’s on first? Shifting burdens in ADA accessibility litigation
There is nothing the Supreme Court loves more in a discrimination case than a set of shifting burdens of production, persuasion, proof, or whatever other word starting in “p” the Court thinks will describe complicating the analysis of a discrimination case. It proved this recently in Young v. United Parcel Service, a pregnancy discrimination case, but… Continue reading
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ADA Policies – You’ve got to walk the walk part II
On March 5, 2015 the Ninth Circuit issued an opinion in one of the longest running ADA lawsuits around. Chapman v. Pier 1 Imports (U.S.) Inc., 2015 WL 925586 (9th Cir. Mar. 5, 2015). Like the Home Depot case I wrote about a few weeks ago the issue in Chapman v. Pier 1 concerned obstructions that blocked access and… Continue reading
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Need a Lyft? The ADA may apply to app based businesses.
Or at least businesses that use apps to broker goods and services. In a decision dated February 20, 2015 the United States District Court for the Western District of Texas denied a second Motion to Dismiss filed by the ride sharing services Lyft and Uber. Ramos v. Uber Technologies, Inc., 2015 WL 758087 (W.D. Tex.… Continue reading