Posts Tagged ‘ADA filing mills’

Liability roundup

May 16 roundup

  • “A Lawyer Who Helped an Exoneree Blow Through $750,000 Is Under Investigation” [Joseph Neff, Marshall Project]
  • Department of State agency accreditation delays help worsen decline in international adoption [Kim Phagan-Hansel, Chronicle of Social Change]
  • Fifth Circuit affirms sanctions award against ADA attorney Omar Rosales over “reprehensible misconduct” including “fabricating evidence” and “fraud on the court.” [Deutsch v. Phil’s Icehouse]
  • Baltimore’s school mismanagement, GOP delegates cool on beer reform, non-citizen voting, Metro subway decay and more in my new Maryland roundup [Free State Notes]
  • Eccentric English judge of olden days: “The Incoherence of Serjeant Arabin” [Bryan A. Garner]
  • “L.A. Lawmakers Looking To Take Legal Action Against Google For Not Solving Long-Running City Traffic Problems” [Tim Cushing, TechDirt on controversy over Waze routing of traffic onto steep-graded street]

ADA mass filing roundup

  • U.S. House (215 Rs + 12 Ds) passes HR 620, ADA Education and Reform Act, aimed at curbing drive-by lawsuits by giving owners a chance to fix before being liable. Though a modest and targeted reform — it reaches only architectural barriers, and doesn’t try to get at web accessibility suits — it was met with wheelchair sit-ins and hysterical coverage about “gutting” the ADA, and its future in the Senate is uncertain [Minh Vu, Seyfarth Shaw]
  • Another idea, from Utah Rep. Norm Thurston: “The Bad Faith Demand Letters Concerning Americans with Disabilities Act” [Matt Gephardt and Michelle Poe, KUTV] “Disabled persons advocate says piles of lawsuits show ADA working as designed” [same, on views of Aaron Kinikini, legal director at Utah’s Disability Law Center]
  • “ADA litigant sues Chef Kwan’s, city of Menlo Park; She’s filed 37 suits in 30 months” [Palo Alto, Calif.; Emily Mibach, Daily Post]
  • Web accessibility complaints fuel continued surge in ADA suits [Seyfarth Shaw, more]
  • F’rinstance: lawyer rolls out ADA web accessibility claims against NYC grocers [Aaron Elstein, Crain’s New York] Celebrity and cosmetic brands hit [Lisa Fickenscher, New York Post] “Wet Willie’s” bar chain takes its number in line [Steven Helland, Frederikson & Byron]
  • “This suit is but one of 385 ADA lawsuits that Deutsch filed in 306 days” [Jon Deutsch v. Annis Enterprises on an Omar Rosales case] But Rosales beats a disciplinary proceeding rap in Travis County court, so maybe there’s nothing that violates current law in his challenged methods [David Barer, KXAN] More: Mark Pulliam.

“Media Beware: ‘Shakedown’ Lawyer Suing The Industry Over Videos Without Closed Captioning”

“A lawyer accused by his opponents of exploiting the blind to recover millions of dollars from shakedown lawsuits is now representing a deaf man who has sued a dozen media outlets….including Barstool Sports, BET Interactive and Gannett Satellite Information Network.” Attorney C.K. Lee, “has used a blind man named Derrick Anderson in 24 lawsuits,” per reporting by Julia Marsh in the New York Post, and is now teaming up with a deaf client named Phillip Sullivan Jr. to file closed captioning suits. [John O’Brien, Legal Newsline/Forbes]

ADA mass filing roundup

October 4 roundup

California: ADA lawsuit mill destroys family’s restaurant dream

“The lawsuit devastated him,” Moji Saniefar said. “He didn’t want to operate it anymore.”

What’s worse, she said, is that Zlfred’s ended up closing and her father died before a federal judge in March this year dismissed the ADA lawsuit.

“He never got to know that he won the case,” Saniefar said.

Fatemeh and Gholamreza “Reza” Saniefar “owned Zlfred’s restaurant in central Fresno for nearly 40 years. The restaurant closed in March 2015 after it was sued for ADA violations.” Now their daughter is suing two law firms involved in the action, which she alleges was part of a pattern of mass-produced complaints intended to extract money under the Americans with Disabilities Act and California law. [Fresno Bee]

Judge: ADA lawsuit machine is “carnival shell game”

“A federal judge decided that nearly 100 disability lawsuits filed in New Mexico, near carbon copies of cases filed in Colorado, were malicious and abusive.” [The Denver Channel] “Lawyer Sharon Pomeranz of Santa Fe filed the 99 cases on behalf of one plaintiff, Alyssa Carton, who has spina bifida and uses a wheelchair. Carton became the plaintiff after responding to a Craigslist ad purportedly placed by a litigation funding company called Litigation Management and Financial Services. … Carton’s agreement with the funding company required her to keep the contract confidential, a provision that helped the company evade its obligation to pay filing fees by claiming Carton couldn’t afford to pay, [Chief Magistrate Judge Karen] Molzen said.” Molzen compared the arrangement to a “carnival shell game” that arranged for surplus winnings to end up in the lawyer’s rather than client’s hands. “Pomeranz also had an agreement with the funding company requiring her to reimburse it for its ‘staff work,’ including a driver who took Carton to the business sites.” [Debra Cassens Weiss/ABA Journal]

Meanwhile, Austin ADA attorney Omar Rosales “has been suspended from practice in a federal court for three years based on a finding he ‘unquestionably acted in bad faith’ in six cases.” [Weiss, ABA Journal, David Barer/KXAN, earlier here and here]