ADA pleading
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Quick Hits – the ADA and FHA Memorial Day edition
The last couple of weeks brought a variety of decisions, most falling in to one of the familiar patterns for ADA and FHA litigation, but one or two presenting novel defenses and interesting judicial reactions. A very interesting question of standing. Johnson v. Castro et al, 2:16-CV-00658-MCE-DB, 2018 WL 2329249, at *3 (E.D. Cal. May 23, Continue reading
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Getting real – a step in the right direction for ADA claims
The usual elements of a complaint filed under the FHA and ADA are: A lengthy and unnecessary recital of the legislative history of the law, including all kinds of statements about the historical oppression of those with disabilities, A broad allegation that the plaintiff visited the defendant’s location, without details that might make the claim verifiable, Continue reading
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Iqbal, Twombly and the ADA
Meet Iqbal and Twombly.* Pleading an ADA case sometimes seems trivially easy. Allege a disability, allege an encouter with an architectural barrier, claim intent to return or deterrence and any plaintiff should be able to at least avoid dismissal. It appears, however, that some courts are taking a harder look at the kind of vague Continue reading
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First Fix, Then Fight – the foundation of ADA defense.
“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 Continue reading
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ADA serial litigation problems? – don’t get mad, get even.
This post was inspired by an article forwarded from fellow ADA blogger William Goren, whose blog contains excellent analysis of current cases. The article describes a Florida hotel’s fight against a local serial ADA complainant who, it appears, may be afraid to go to trial on the lawsuit he filed. It isn’t clear how the case Continue reading

