ADA Class Action
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ADA Compliance Policies and Procedures – you need them, and now.
A pair of recent cases, both brought by the same law firm on behalf of different plaintiffs, underscore the importance for every business of having policies and procedures for both ADA compliance and maintenance. This is especially important for businesses with multiple stores because a policy and procedure class action will elevate a single bad Continue reading
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You can’t agree to what you can’t read – the perils of clickwrap when the ADA is involved.
This week’s decision in Nat’l Fed’n of the Blind v. Container Store, Inc., 2016 WL 4027711 (D. Mass. July 27, 2016) is a call to action for every business that uses a click to accept type license or other agreements. Such agreements may not be enforceable in an ADA context unless special care is taken. The case Continue reading
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Does the ADA require a compliance policy? Maybe not, but it’s a good idea.
This last week a federal district court in Ohio kicked out most of an ADA plaintiff’s claims that were based on the defendant’s lack of an ADA policy. Mark Timoneri v. Speedway, LLC, 2016 WL 2756868 (N.D. Ohio May 12, 2016). Just a few weeks earlier the federal district court for the Western District of Continue reading
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Numerosity, the ADA and FHA Class Action Numbers Game
“How to Lie with Statistics” by Darrell Huff is one of my favorite books, because statistical analysis is often critical in ADA class action and other kinds of civil rights litigation, and statistics are so often abused in these cases. The difference between the manageable defense of one or two properties and an unbelievably expensive defense Continue reading
