Recently, JMBM reported that it successfully defended a website accessibility lawsuit on behalf of its client Zarco Hotels, against serial plaintiff Traci Morgan. In that case, the court awarded Zarco Hotels $55,414.84 in compensation for its attorneys’ fees and costs. JMBM and Zarco Hotels have prevailed again. On July 11,…
Articles Posted in Litigation
Has Your Business Been Sued by Manning Law, APC or These Plaintiffs? How to Defend These Unruh Civil Rights Act Lawsuits
Manning Law, APC has been filing hundreds of lawsuits on behalf of serial plaintiffs for alleged violations of the California Unruh Civil Rights Act, California Civil Code § 51 et seq. and/or the Americans with Disabilities Act (ADA). Manning Law, APC generally files each lawsuit on behalf of one of…
California Unruh Civil Rights Act Law Basics
Unruh Act Background While many people are familiar with the Americans with Disabilities Act (ADA), the Unruh Civil Rights Act often receives less attention. Yet it has become the focus of thousands of lawsuits against landlords and businesses in California. The California Unruh Civil Rights Act is a state law…
United African Asian Abilities Club Through David Wakefield Sue Apartment Buildings: How to Respond
A group known as the United African Asian Abilities Club (UAAAC), through its attorney David Wakefield, has been filing a large number of lawsuits against apartment complexes. The largely boilerplate lawsuits, filed mainly in Los Angeles and Southern California, allege violations of the Fair Housing Act due to accessibility conditions…
Serial ADA Plaintiffs Shifting Their Focus to Berkeley, and Three Basic Tips to Prepare for a Possible ADA Suit Against Your Business
Recently, there has been a flood of ADA lawsuits against small businesses in the City of Berkeley. Berkeley has historically been overlooked by serial ADA plaintiffs, seeing only about a few cases each year. However, it seems like these serial ADA plaintiffs have turned their attention to the City, which…
Why Are There So Many ADA Lawsuits? The Need For Legal Reform
As many business owners and commercial landlords know all too well, the number of Americans with Disabilities Act (ADA) lawsuits appears out of control, particularly in California where approximately 40 percent of ADA lawsuits are filed. Why is this? The answer lies in the legislative design. The ADA was signed…
How To Defend An ADA Or Unruh Lawsuit For Lack Of Standing
Americans with Disabilities Act (ADA) lawsuits under Title III are often filed against businesses and landlords. They can be defended, however, if the plaintiff who filed the lawsuit lacks standing in court. This is more common than it might sound. In law, standing is a requirement for the party seeking…
California Wineries Hit by Americans with Disabilities Act Lawsuits Over Website Accessibility: Andres Gomez Case Rejected by Federal Judge
After nearly two decades of peace in the vineyards, California wineries are once again the targets of ADA litigation. ADA lawsuits are being filed almost daily against wineries large and small by a single plaintiff, Andres Gomez. Mr. Gomez, a Miami resident, has sued more than 100 wineries in Northern…
Serial Plaintiff’s “Reservation Rule” Lawsuit Against California Hotel Dismissed
In another blow to serial ADA litigation against hotels, a judge in the Northern District of California has issued an opinion dismissing the case against JMBM client OCI, which owns and operates a Comfort Inn & Suites near the San Francisco International Airport. Brian Whitaker, who has filed nearly 2,000…
California’s Central District tries to curb high frequency ADA litigant filings by declining supplemental jurisdiction over state law claims
Declining to exercise supplemental jurisdiction, the United States District Court Central District of California (Central District) is addressing high frequency litigants who file lawsuits in federal court alleging violations of the Americans with Disabilities Act (ADA). The Central District has been inundated with ADA lawsuits by California plaintiffs. According to…