How many judges does it take to rule that shopping center tenants are not liable for ADA violations in common areas? This article was first published in the October 2015 issue of the California State Bar’s Real Property Law Section E-Bulletin. Congress passed the Americans with Disabilities Act of 1990 (“ADA”)…
Articles Posted by Martin H. Orlick
ADA Compliance & Defense Lawyer: Court hits Uber and Lyft for ADA Violations
The City of Brotherly Love is Showing Love to Persons with Disabilities Under the ADA, but not to Lyft or Uber From coast to coast, Uber and Lyft have come under increasing fire from disability rights organizations and have faced litigation because their ride share practices allegedly discriminate against persons…
Is your website accessible to the blind and vision impaired?
Is your website accessible to the blind and vision impaired? A version of this article was published by the California Bankers Association. How would you react if you received a letter from a law firm alleging that your company’s website is in violation of the Americans with Disabilities Act (ADA)…
Case Dismissed: Judge Rules that Plaintiff’s Pool Lift ADA Cases Have No Place in Federal Court
In the latest decision against an Arizona “high frequency ADA litigant”, the United States District Court for the Central District of California ruled this week that cases like Brooke vs. Perry Family Trust, et al. have no place in Federal Court. The plaintiff, Theresa Brooke, has filed hundreds of identical…
Federal Judge Takes Decisive Action to Protect Hotels from ADA Abuse by a High Frequency Litigant
In a rare and decisive action, a Central District Court Judge dismissed an Americans with Disabilities Act (ADA) lawsuit filed by an Arizona disabled plaintiff who has recently filed a wave of over 70 ADA lawsuits against Southern California hotels. The plaintiff, who claims she is confined to a wheelchair,…
ADA Compliance & Defense Lawyer Update: Lawmakers consider steps to limit abusive ADA lawsuits
Amid Growing Concerns Over the Proliferation of ADA Lawsuits, Congress and the California Legislature Address Measures to Curb ADA Abuse Since 2004, more than 20,000 ADA lawsuits have been filed in the country’s federal courts. The number of ADA filings in state courts is unavailable, but likely runs in the thousands. Nearly one…
Just published: The ADA Compliance and Defense Guide — free download
New Resource: The ADA Compliance and Defense Guide Download your free copy here. The Global Hospitality Group® of Jeffer Mangels Butler & Mitchell LLP (JMBM) is pleased to announce the latest publication in our We Wrote the Book™ series : The ADA Compliance and Defense Guide, a practical handbook for…
ADA Issues on Websites: Department of Justice Poised to Adopt Accessible Website Standards
Since at least 2000, the U.S. Department of Justice (DOJ) has been advocating standardized website development and content to promote access to blind and low vision internet users. In 2013, the DOJ withdrew its proposed Advanced Notice of Proposed Rule Making (ANPRM) which would have established standardized internet protocols by…
ADA Lawyer: FedEx sued for failures regarding the hearing and speech impaired
FedEx sued for failure to provide effective auxiliary aids and services for hearing and speech impaired employees and job applicants Effective communication with blind, low vision, deaf, hard-of-hearing, speech impaired and cognitively challenged employees, potential employees, customers and guests is one of the fundamental tenets of the Americans with Disabilities…
FAQs about the ADA’s legal requirements for service animals
Here are some of the most Frequently Asked Questions on service animal issues under the Americans with Disabilities Act or ADA. What qualifies as a “service animal?” Businesses . . . may ask only two questions of individuals regarding their service animals . . . Under the ADA, a dog…