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…
Articles Posted in Litigation
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…
ADA Lawsuits Over Passenger Loading Zones Are On the Rise
There has been a sharp rise in the number of Americans with Disabilities Act (ADA) lawsuits filed in 2020 and 2021 thus far alleging a lack of compliant passenger loading zones. Many of these lawsuits have been filed against hotels in California throughout the state. The lawsuits are generally filed…
Whitaker v. Tesla Motors – the end of cookie-cutter ADA complaints?
In a unanimous published opinion, the United States Court of Appeals for the Ninth Circuit (Ninth Circuit) affirmed the District Court’s dismissal of Whitaker v. Tesla Motors, for failure to state a claim of an action under Title III of the Americans with Disabilities Act (ADA). This case may have…
The Court Dismisses ADA Lawsuit for Lack of Standing – Proving Once Again These Cases Can Be Won
The Court Dismisses ADA Lawsuit for Lack of Standing – Proving Once Again These Cases Can Be Won Anthony Bouyer v. LAXMI Hospitality, LLC By Martin H. Orlick It’s important to remember federal courts are courts of limited jurisdiction. That limited jurisdiction derives from Article III of the U.S. Constitution.…