FHA Defense
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DOJ announces that there is no safe harbor for physical accessibility.
Early last month the Department of Justice filed a “Statement of Interest” in Migyanko v. Aimbridge Hospitality LLC¹ that should give pause to every business subject to Title III of the ADA; that is, every business. Two sentences from the Statement of Interest are of particular concern: “The ADA Standards do not address every aspect of Continue reading
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Quick Hits – almost Bastille Day edition
Serial litigators file lots of cases and that means lots of decisions, sometimes coming in batches. I’ve omitted a few decisions that say nothing more than the cases I have reviewed just to keep this blog manageable. If there is a theme, it is simply that despite very clear trends toward limiting serial litigation by Continue reading
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Quick Hits – Memorial Day Edition
Once again – as in past Memorial Day editions – I’m firing up the grill with hundred dollar bills in honor of the money wasted on lawyers, who are the only ones who really benefit from most ADA and FHA litigation. There are, however, some cases dealing addressing important substantive issues, and few in which Continue reading
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Tester standing under the ADA – Getting it wrong, getting it right, and an interesting but irrelevant analysis.
Three cases in the last thirty days look at ADA standing and reach different conclusions about what the Constitution and the ADA require. For victims of serial litigation and for courts interested in the coherent application of the text of the ADA and similar statutes these are crucial cases.² Continue reading
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Same old wine in a brand new bottle – Pursuit of Justice, Inc. and the FHA
I had forgotten that this classic song was from Loggins & Messina until I looked it up after getting an old demand letter packaged by a new firm. I have blogged before about Legal Justice Advocates, a front for a group of attorneys who sent hundreds of demand letters making unsustainable claims about website accessibility Continue reading
