ADAAG

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Next week is the week before my daughter’s bat mitzvah. Accordingly, I think I’m going to take that week off. This week’s blog entry comes to me courtesy of my friend Stephen Meyer, a certified Texas accessibility specialist (a certified person in Texas that assesses facilities for compliance with accessibility guidelines and regulations). The case,…

Over the last couple of months, I have received this phone call close to once a week. So, I thought I should write a preventive law approach to dealing with this. The situation goes like this: potential client owns a small business/restaurant/shopping mall and is worried about fending off a serial plaintiff either presently or…

For those who remember law school, the typical law school exam was a completely crazy hypothetical with thousands of issues in it. The idea was to spot all the issues and somehow mention that you knew how to deal with them within the allotted timeframe. I was reminded of that experience when I read National…

The bloggosphere reports that the City of Lomita California has asked the full Ninth Circuit to rehear the ruling in this case. As is traditional with me, the blog entry is divided into parts: facts, court’s reasoning, and chances en banc/takeaways. The reader is free to focus on any or all of the parts.

I…

A mobility impaired person uses a motel. It turns out that motel does not meet the ADA guidelines for architectural accessibility. As a result, a person suffers personal injuries as a result of that inaccessible feature. Or, a person goes to a theater and despite asking for help from theater personnel does not receive any.…

Over the years, it isn’t often that I see a missed opportunity (see below for a further discussion of whether an opportunity was really missed here), by a defendant in an ADA case to make a plaintiff’s litigation more difficult when the law allows them to do so. It is possible (though a for sure…