“drive-by” ADA lawsuits
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Like death and taxes – an ADA serial filer roundup.
Like death and taxes, serial ADA litigants seem inescapable, but if the lawsuits remain the same the players change from time to time. It’s worth knowing who’s who when you or your client gets sued. First, in the just rewards category, Scott Johnson, whose name appears dozens of times in my blog posts, and thousands… Continue reading
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Let’s celebrate the ADA’s 28th birthday with meaningful reform of a broken system.
Last week marked the 28th anniversary of passage of the ADA and for a brief time the disability law headlines in my Google News feed were celebratory. On ordinary days there are mostly two kinds of headlines. One group of headlines condemns serial or “drive-by” lawsuits as an unfair attack on innocent small businesses, using words like “extortion”… Continue reading
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Quick Hits – Presidents’ day edition.
Cases decided in the last few weeks are mostly good for business, not because they fail to enforce the ADA, but because they refuse to let dubious serial filer claims get beyond the initial pleading stage. Here’s the lineup. Standing and cheap standing Cheryl Thurston v. FCA US LLC, et al., EDCV172183JFWSPX, 2018 WL 700939,… Continue reading
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ADA Standing – A real limit on cheap standing for serial filers.
Just in time for Valentine’s day the Fifth Circuit has definitively confirmed what should never have been an issue in the first place; that is, an ADA plaintiff does not have standing without suffering a real injury. The first decision, Deutsch v. Travis County Shoe Hosp., Inc., 16-51431, 2018 WL 704131 (5th Cir. Feb. 2, 2018) was… Continue reading
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Quick Hits – ADA news of note
It has been an eventful three weeks in the world of ADA and FHA litigation. Rather than picking and choosing among the various cases that deserve attention we’ve provided some quick analysis of the cases with immediate relevance to most businesses. Ford v. H Unit Five, Inc., 2017 WL 4271433 (D. Utah Sept. 25, 2017)… Continue reading
