Observations of the legal scene from the Cornhusker State, home of Roscoe Pound and Justice Clarence Thomas' in-laws, and beyond.
Monday, March 14, 2005
"Drive-by" ADA lawsuits
A number of local news stories have described a practice a Lincoln attorney apparently imported from other regions of the country that is a best "drive -by lawsuits" alleging violations of the public accomodation provisions of the Americans with Disabilities Act.
Of course this is despicable behavior that targets relatively defenseless small businesses and stores with allegations of minor violations of the ADA. Note the plaintiff and his attorney have not been targeting Wal-Mart, McDonalds etc.
Even the normally PC Lincoln Journal Star found this practice of targeted ADA lawsuits distasteful, but i wonder whether its editors would have disagreed with the NAACP practice in the sixties of soliciting clients to file civil rights lawsuits. The US Supreme Court even gave civil rights organizations a pass when it came down to either doing "good" or violation State Attorney Disciplinary rules against ambulance chasing. Somehow looking through the lens of political correctness some aggressive ambulance chasing is more socially worthy than others.
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