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Articles Posted in Litigation

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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…

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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)…

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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…

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ADA Defense Lawyer: Pool lift deadline of January 31, 2013 looms, but may be a diversion from enterprise-wide ADA compliance

January 31, 2013 is fast approaching and once again our phones are ringing off the hook and the emails are streaming in. Our hospitality clients want to know the latest action being taken by the Department of Justice (“DOJ”) on the Americans with Disabilities Act requirements for pool lifts at…

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ADA compliance and defense lawyer alert: ADA pool lift deadline extended to January 31, 2013

The DOJ extends pool lift deadline Today, the Department of Justice announced that it is extending the ADA pool lift deadline from May 21, 2012 to January 31, 2013. Amendment to ADA regulations This morning, the DOJ formally published an “Amendment of the Americans with Disabilities Act Title II and…

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ADA compliance and defense lawyer alert: Charles Schwab settles claim over website accessibility

On May 2, 2012, Charles Schwab & Co. announced an initiative to make its website more accessible for all customers, particularly those who are blind or have sight disabilities. This high-profile development was part of the settlement of a claim by Kit Lau, a Charles Schwab customer for more than…

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ADA Defense Lawyer: AH&LA supported legislation would give 1 year delay for pool lift requirements

One year delay for ADA pool lift requirement On March 26, 2012, the AH&LA announced support for legislation introduced to force a 1 year delay in enforcing the ADA pool lift requirement. The bill was introduced by Congressman Mick Mulvaney (R-SC) and has 26 original co-sponsors. Authorize portable pool lifts,…

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ADA Defense Lawyer: What does the ADA pool lift compliance extension mean to you?

ADA Defense Lawyer: What does the ADA pool lift compliance extension of May 15 mean for you? First, let’s be clear that all compliance dates have NOT been extended! Extended deadline for pool lifts is May 15 Responding to concerns expressed by the hotel, pool and spa manufacturing industries, and…

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ADA defense and compliance lawyer: More clarification or confusion on March 15, 2012 ADA standards?

As you should know by now if you are following developments on the Americans with Disabilities Act (or ADA), the most sweeping changes to the ADA in 20 years become effective on March 15, 2012. It seems that almost every day there is some new development or interpretation of the…

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