Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
<b><i>In the Spotlight:</i></b> Frustration with ADA Lawsuits
No matter what side they are on, those persons involved in disability access lawsuits have one thing in common ' frustration. People with disabilities are frustrated when they meet obstacles in parking, shopping or using a restroom because of the way a building has been built or designed. Landowners, and particularly shopping center owners, are frustrated by the number of frequent suits demanding big money and attorneys' fees. There is now a cottage industry surrounding the filing of ADA lawsuits that has spread from Florida and California to the rest of the country. If it is not in your town or your state, it will be soon. Many of these claims are being brought by serial litigants who work frequently with the same lawyers.
In almost every case, the first notice that the landowner, shopping center or other business entity has of the complaint is the filing of the federal lawsuit. Many of the cases are quickly settled, with the business owner paying less than $5,000 and agreeing to fix whatever was wrong. The ADA was passed during the administration of George H.W. Bush and he seemed to predict some of these unintended consequences.
However, Congress at the time did not wish to add bureaucracy to be required to enforce the law. Our courts also agree that enforcement could be handled through private lawsuits. Several bills seeking to remedy or reform the ADA have been proposed by Rep. Mark Foley (R-FL), but they have failed to clear committee. There is hope that perhaps Congress will consider some reasonable changes that will at the very least require notice to the landowner, and an opportunity to remedy within a reasonable time, before they are exposed to an arbitrarily filed federal lawsuit.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
The Benefits of Blockchain for e-Discovery and Data Preservation
As businesses across various industries increasingly adopt blockchain, it will become a critical source of discoverable electronically stored information. The potential benefits of blockchain for e-discovery and data preservation are substantial, making it an area of growing interest and importance.