Well-known serial ADA litigant George Louie has hit the California Gold Rush country [CJAC] Not that far away: “Serial ADA filer targets popular Davis burger joint” [same, Scott Johnson]
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Posts tagged as:
ADA filing mills
According to Todd Roberson at CJAC, a federal court’s ruling in a 14-year dispute over street curbs and sidewalks in Riverside, California has headed off a potential “avalanche of lawsuits.” U.S. District Judge R. Gary Klausner ruled the complainant in the case “had failed to demonstrate that Riverside as a whole is inaccessible to the disabled.”
Riverside’s City Attorney, Greg Priamos, was quoted in the Daily Journal saying the suit was “about money, not accessibility…The only hangup to a settlement earlier in the case was the amount of attorney’s fees. I’m offended by that.”
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After questions are raised about the timing of her claimed visits, a serial ADA plaintiff — represented by a law firm we’ve had occasion to mention before, Schwartz Zweben & Associates — drops complaints against several restaurants and other small businesses in Pennsylvania [Sunbury Item]
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Donner Lake Kitchen, a popular family-owned restaurant in rural Truckee, Calif. is closing its doors following a legal battle with attorney Scott Johnson, who is said to have filed “countless” complaints of lack of handicap accessibility at California businesses. The owner estimates that $20,000-$60,000 in repairs and upgrades would have been needed to bring the dining establishment into ADA compliance. [Sierra Sun via CJAC]
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Duncan Hunter (R-Calif.) has reintroduced the ADA Notification Act, which “would provide businesses accused of an ADA violation with a 90-day grace period to make necessary modifications.” That would, among other effects, cut down on some opportunistic suit-filing that is aimed at the generating of attorneys’ fee entitlements. It is not entirely clear what effect it would have in states (like California itself) where lawyers prefer to sue under state laws that are more pro-plaintiff than the ADA itself. [East County Magazine via CJAC]
- Judge Kozinski blasts prosecution of McAfee exec Probhat Goyal [Ribstein, Greenfield; related on federal overcriminalization, Rittgers/Cato]
- “If only laws were like sausages” [Robert Pear, NY Times]
- “Public Radio Looks at California ADA Lawsuits” [Frith, CJAC on "This American Life," Thomas Mundy and Morse Mehrban]
- Guitar maker described as “litigation-addled”: “Gibson continues its IP-based business plan” [Coleman]
- Judge who heard Madison County, Ill. asbestos docket retires, is picked by lawyers as trustee of asbestos bankruptcy trust [Chamber-backed MC Record]
- Ted Frank’s Center for Class Action Fairness objects to Classmates.com class action settlement [CCAF, more, yet more]
- New Labor Department regs could chill management speech to workforce [Russ Brown, Open Market]
- Too bad there weren’t legal blogs around in 2000, some light might have been shed on Bush v Gore [Legal Blog Watch, Ann Althouse] Hey wait a minute [ten years ago on Overlawyered]
It covers them in “Act 3″ of a show on “Crybabies”.
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I was just on Mike McConnell’s show to talk about the ADA and its abuses on its 20th anniversary. For more on ADA repeat complainants and their lawyers, check this category; a couple of older pieces about the law’s outlandish results in the workplace are here and here.
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“A San Diego lawyer has irritated business owners in the town of Redlands, Calif., by sending out letters on behalf of clients demanding $6,500 settlements for claimed violations of the Americans with Disabilities Act and related state law.” [ABA Journal; attorney James Mason]
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Much reaction in the comments at the San Francisco Chronicle to the Ninth Circuit’s “Chipotle Experience discriminates against the disabled” ruling. Earlier here. And Ted at PoL notes this significant passage rejected by the appeals court:
The [district] court found that Antoninetti had failed to show irreparable injury because he had not revisited either restaurant after Chipotle adopted its written policy and because his “purported desire to return to the [r]estaurants is neither concrete nor sincere or supported by the facts.” It also stated that Antoninetti’s “history as a plaintiff in accessibility litigation supports this Court’s finding that his purported desire to return to the [r]estaurants is not sincere. Since immigrating to the United States in 1991, Plaintiff has sued over twenty business entities for alleged accessibility violations, and, in all (but one) of those cases, he never returned to the establishment he sued after settling the case and obtaining a cash payment.”
More on ADA filing mills here. And I’ve now got a longer post up at Cato at Liberty comparing the policy problem of serial ADA complaints to that of patent trollery, mass filing of “citizen suits”, and the business model of recently formed copyright-holder RightHaven. More: Carl Horowitz, NLPC.
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These are the last few days to visit the oddball eating establishment before it moves to more conventional and less cramped quarters precipitated by an ADA lawsuit [Sacramento Bee]
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A 2007 show, with discussion of a mass ADA filing operation at about the 4:45 mark:
More via Twitter: “I had a client lose their business partly due to an ADA claim.” (Julian, California, near San Diego).
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They contribute to the state’s bad reputation as a place to do business [Cal Civil Justice]
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A new state law doesn’t seem to have curbed their activities as much as some were hoping, but at least it may have put a crimp in some of their bigger monetary demands. [California Civil Justice]
- Florida man and attorney file multiple ADA complaints against businesses in Seminole-Largo area [Tampa Bay Newspapers]
- “The growing ambitions of the food police”:
dietary paternalism in Bloomberg’s NYC and Washington, D.C. doesn’t go over well with writers at Slate [William Saletan, Jacob Weisberg, Katherine Mangu-Ward, Glenn Reynolds] - Assumption of risk is alive and well in New York cases over sports and spectator injuries [Hochfelder first, second, third posts, NYLJ]
- Favorable review of William Patry, “Moral Panics and the Copyright Laws” [BoingBoing]
- Kentucky high school case: “Coach Acquitted in Player’s Heatstroke Death” [ABA Journal]
- Olivia Judson on the Singh case and the many problems with British libel law [NYT; earlier here, here, etc.]
- Kids behave stupidly with girlfriends/boyfriends or dates, then the law ruins their lives [Alkon, Balko, Sullivan]
- “Report a bad doctor to the authorities, go to jail?” [Orac/Respectful Insolence, Texas; disclosure of patient and official information alleged against nurses]
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Cleveland federal judge Donald Nugent has dismissed a disabled-access lawsuit by Bonnie Kramer against a real estate management company and allowed a counterclaim to go forward against Kramer and her lawyers “alleging abuse of process, fraud, civil conspiracy to commit fraud, spoliation and Racketeer Influenced and Corrupt Organizations violations”. Kramer, a self-styled “tester”, has been plaintiff in more than 100 actions under the ADA. [Andrew Longstreth, American Lawyer] More on “Disabled Patriots of America” group: Charlie Deitch, Pittsburgh City Paper.
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But the burger stand will move from its cramped quarters anyway. [Sacramento Bee, earlier] Patrick at Popehat wonders whether the lawsuit by Kimberly Block and attorney Jason Singleton would have ended differently in the days before the Internet.
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Alzada Knickerbocker’s bookshop in Davis Sacramento, California, the Avid Reader, was hit with a complaint from a serial ADA filer. She went on camera to explain what happened for the Sick of Lawsuits video series. More on ADA serial filers here. And the Desert Sun in southern California profiles the activities of San Diego resident Roy Gash, who “is or was the plaintiff in more than 200 ADA lawsuits,” and his lawyer Theodore Pinnock, whose San Diego firm Pinnock and Wakefield “has filed about 2,000 such suits.”
P.S. Thanks to commenter B.P. for correction: the suit was against the store’s Sacramento, not Davis, branch.
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