ADA serial litigation
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From Sea to Shining Sea – how different courts deal with serial ADA lawsuits.
Today’s blog concerns a couple of cases reported to me by colleagues in California and New York. They give a snapshot of how courts at both ends of the country are thinking about ADA lawsuits. The snapshot at left is pretty much in the middle, near Telluride Colorado. Welcome to the Hotel California I was Continue reading
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Quick Hits – Presidents Day 2019 Edition.
It’s been a year and 43 blogs since last President’s Day and like Yosemite falls, the broad picture of ADA and FHA litigation in America remains about the same despite the passage of time. A huge majority of the cases filed are from serial litigants operating as part of a lawyer sponsored litigation machine whose Continue reading
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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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ADA standing and pleading – common sense from the 8th Circuit
In Davis v. Anthony, Inc., 886 F.3d 674 (8th Cir. 2018) the Eighth Circuit adopted rules concerning standing that place common sense limits on the ability of serial plaintiffs to expand their lawsuits any time they are threatened with mootness. The decision is worth a detailed look because it rejects the “deterrent effect” doctrine created by Continue reading
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Does motive matter in an ADA case? Sometimes.
“Tester standing” is an area of ADA litigation that seems to create a good deal of confusion, so it is worthwhile to take a look at the 4th Circuit’s recent decision in Nanni v. Aberdeen Marketplace, Inc., 2017 WL 6521299 (4th Cir. Dec. 21, 2017). As is often the case, the decision illuminates the requirements for Continue reading
