“First Fix, Then Fight” has been this blog’s slogan and trademark from the beginning. This isn’t based on a philosophical opposition to litigation, which is sometimes unavoidable, but on a hard headed assessment of the economics of ADA litigation and the difficulty in winning in the early stages of a case. Last week’s decision in  Burrell v. Akinola, 2016 WL 3523781 (N.D. Tex. June 27, 2016) demonstrates why first fix, then fight has to be the foundation for ADA defense.

In Akinola the plaintiff sued the defendant for various violations of the ADA. The allegations of violations were not very specific, and the allegations related to the plaintiff’s standing were also somewhat general. Of course a dismissal based on pleading standards or standing is very hard to obtain, and perhaps with this in mind the defendant chose to attack whether there was any allegation of discrimination at all; that is, had Burrell alleged a violation of the statute. More