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,…
Articles Posted in Litigation
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…
ADA Lawyer: What you can learn from the DOJ’s settlement agreement with Starwood and The Phoenician
Failure to provide an Ounce of ADA Compliance is worth a Pounding by the DOJ What you can learn from the DOJ’s settlement agreement with Starwood and The Phoenician The Department of Justice (DOJ) continues to make the hospitality sector a target for enforcement of the Americans with Disabilities…
Failure to install fixed pool lifts spawning ADA lawsuits
As we reported in January of this year, “The DOJ stunned both the hospitality industry and pool manufacturers when it proclaimed that only “fixed” or permanent pool lifts would comply with the new 2010 ADAAG Standards) to the extent “readily achievable.” (See ADA Defense Lawyer: Pool lift deadline of January…
ADA defense lawyer: A blast against frivolous, serial ADA lawsuits
Federal court condemns frivolous, serial ADA litigation which subverts the noble purpose of the ADA and the entire legal profession On April 16, 2012, an article appeared on the front page of the New York Times about the proliferation of lawsuits brought under the Americans with Disabilities Act (or ADA)…
Will California law changes discourage abusive ADA litigation? The jury is still out . . .
Since January 2005, 16,530 lawsuits alleging violations of the Americans with Disabilities Act (“ADA”) have been filed in federal courts across the country. More of these lawsuits were filed in California than in any other state. Some believe that California is a hotbed of ADA litigation because California law awards…
DOJ sues 3 of NYC’s top Zagat-rated restaurants for ADA violations
Will your city and restaurant be next? You have worked all your life to get top Zagat ratings for your restaurant. After years of hard work, you’ve made it! And because of that, food lovers from around the world will beat a path to your door. But, so too will…