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…
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…
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…
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…
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 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.…
In 2020, we saw an explosion of federal lawsuits against hotels alleging that they failed to comply with 28 C.F.R. 36.302(e) of the Americans with Disabilities Act (ADA) by not identifying accessible features on their own and third party booking agents’ websites. Twice this year, we reported that ADA website…
Title III of the ADA allows customers and visitors to sue businesses and landlords for disability discrimination in court. The alleged violations range from everything from parking lot slope to website design. What should you do if you’ve been sued under Title III of the ADA? Take a deep…
See Part 1 – What you need to know about how we got here See Part 3 – Website litigation specific to hotels This article was first published by Law360® Expert Analysis, © 2019 Portfolio Media Group Inc. and is reprinted with permission. The Supreme Court and the Ninth Circuit:…
See Part 2 – Rights to due process and standing requirements See Part 3 – Website reservations: ADA litigation specific to hotels This article was first published by Law360® Expert Analysis, © 2019 Portfolio Media Group Inc., and is reprinted with permission. Part 1 – What you need to know…