Post by mikekerstetter on Mar 26, 2011 5:04:19 GMT -5
dailyitem.com/0110_editorials/x10254819/Protecting-business-from-serial-suers
March 21, 2011
Protecting business from serial suers
A Texas woman, paired with a law firm, has been traveling the country identifying restaurants that are targets for lawsuits, alleging that the businesses are not satisfying Americans with Disabilities Act requirements.
Critics suggest that there is a bit of a cottage industry developing as law firms team up with disablity-rights advocates to file lawsuit after lawsuit against eateries. The Texas woman who has sued 11 Valley businesses has been the plaintiff in 30 similar cases.
From one perspective, the law firms and their clients seem to be preying on hapless small businesses. From the other view, the push could be seen as simply using the courts to enforce civil rights laws that the government passed, but has done little to enforce.
By allowing serial lawsuit filers to fill the vacuum, business owners must defend themselves for minor violations, if there are any violations at all.
Lawyers defend their actions by noting that since the businesses targeted in lawsuits have begun making modifications to satisfy the ADA, it suggests they recognize there are shortcoming that needed to be resolved. In the topsy-turvy world of the justice system, being well-intentioned about following the law demonstrates that you probably are a plump target for a lawsuit
Business owners worry that when they meet one set of requirements, regulators promptly change the rules. The federal government ought to be able to write clear minimum standards for compliance. With those instructions in place, business owners ought to be provided with a procedure that will certify that they are in compliance.
Those businesses that fail to seek the certification could be exposed to liability. Those that follow the law and take the steps to prove it ought to be assured that they will not be asked to expend the time, energy and money to defend themselves against "manufactured" lawsuits.
March 21, 2011
Protecting business from serial suers
A Texas woman, paired with a law firm, has been traveling the country identifying restaurants that are targets for lawsuits, alleging that the businesses are not satisfying Americans with Disabilities Act requirements.
Critics suggest that there is a bit of a cottage industry developing as law firms team up with disablity-rights advocates to file lawsuit after lawsuit against eateries. The Texas woman who has sued 11 Valley businesses has been the plaintiff in 30 similar cases.
From one perspective, the law firms and their clients seem to be preying on hapless small businesses. From the other view, the push could be seen as simply using the courts to enforce civil rights laws that the government passed, but has done little to enforce.
By allowing serial lawsuit filers to fill the vacuum, business owners must defend themselves for minor violations, if there are any violations at all.
Lawyers defend their actions by noting that since the businesses targeted in lawsuits have begun making modifications to satisfy the ADA, it suggests they recognize there are shortcoming that needed to be resolved. In the topsy-turvy world of the justice system, being well-intentioned about following the law demonstrates that you probably are a plump target for a lawsuit
Business owners worry that when they meet one set of requirements, regulators promptly change the rules. The federal government ought to be able to write clear minimum standards for compliance. With those instructions in place, business owners ought to be provided with a procedure that will certify that they are in compliance.
Those businesses that fail to seek the certification could be exposed to liability. Those that follow the law and take the steps to prove it ought to be assured that they will not be asked to expend the time, energy and money to defend themselves against "manufactured" lawsuits.
