I have a few cases in my pipeline, but there was never any question as to what this week’s blog entry was going to be on. Considering that the House of Representatives passed HR 620 and the Internet has lit up with it, blogging on HR 620 was the only choice for this week. As
attorneys fees
All Over the Place or What You Have to Show to Get Standing Under Title III of the ADA
Today’s case, Deutsch v. Abijaoude, from the Western District of Texas (Austin) is a tour de force for discussing the possible standards for standing under title III of the ADA. As is usual, the blog entry is divided into categories: Facts; just what is necessary to show standing?; attorney’s fees and costs; and takeaways.…
Opening up the Possibilities for Defendant’s to Get Attorney’s Fees in ADA Matters
Today’s blog entry has the potential to be a real game changer in ADA litigation. Before moving further, I do want everyone to know that I will be out of town next week at a family function. So, I will not be getting a blog up next week. I am not sure if I will…
IDEA Exhaustion, Attorneys Fees, and Applicable Statute of Limitations
Normally, when I am putting together a blog entry, what I do is that I find an interesting case that comes out during the week and then: analyze that case; discuss the court’s reasoning and my take on it; and then offer takeaways. This week I did see a case that met that criteria (it…
Breed restrictions R.I.P.?
This is my 100th blog entry! Wow!! Many thanks to all of you!!!
Previously, I have had several entries dealing with service dogs. In the first, we talked about what was a service dog and what was not. In the second, we talked about the regulations of the Department of Justice on service dogs…
Air carrier access act: only one place to go
In a previous blog entry, the Air Carrier Access Act was discussed in terms of whether it allowed for a private cause of action where an airline violated the regulations that carry out that act. However, that blog entry did not answer two questions. First, assuming a private cause of action for violation of that…
Title III: it may be cheaper to fix it
Under title III of the Americans with Disabilities Act, the only remedy the plaintiff can get is injunctive relief and attorneys fees. The court may also fine violators up to $50,000 for a first violation and up to $110,000 for each subsequent violation. Attorney fees are only available if the person prevails. What does it…