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Articles Posted by Martin H. Orlick

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DOJ Lawsuit Against Uber Explained: ADA Service Animal Rules and the Future of Autonomous Vehicles

Companies at the cutting edge of autonomous vehicle technology, although driving our society forward, need to be cognizant of current accessibility laws and new frontiers, or else be forced to pay large monetary damages for non-compliance at the back end of their technological projects. This article briefly shows what could…

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ADA Lawsuits Against Coffee Shops and Breweries on the Rise: How Small Businesses Can Avoid Costly Accessibility Claims about Architectural Barriers and Websites

Neighborhood coffee shops and craft breweries have seen a noticeable increase in lawsuits recently. These are not large national chains with in-house legal teams. They are community-based businesses—often operating in older buildings—that may not know they are violating the law until they are served with a lawsuit. Under the Americans…

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ADA Lawsuits Targeting Medical Practices: What All Healthcare Businesses Should Know

Few states present greater ADA litigation risk to medical practices than California. In recent years, plaintiffs and ADA rights advocates have increasingly targeted medical facilities across the state, often filing high-volume lawsuits based on technical accessibility violations. Many practice owners are caught off guard, believing they are either compliant or…

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ADA Preparedness Series: California Is the Epicenter of ADA Serial Litigation

If you own a business in California, chances are you’ve heard about serial ADA litigants. This isn’t a coincidence. California is widely considered ground zero for serial ADA litigation. But why here? And what can you do to protect your business? California’s Laws Make ADA Lawsuits More Attractive to Plaintiffs…

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California Civil Code Section 55.54 Provides Great Protection Against Serial ADA Lawsuits, But… Are the Court’s Aware?

Section 55.54 Protections For years, California businesses and their organizations have been trying to rein in the plethora of ADA lawsuits, particularly those filed by a handful of plaintiffs and their law firms to curb litigation abuse. Those trying to curb ADA litigation abuse have made several apparently important inroads.…

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So Cal Equal Access Group Takes on the Auto Repair Industry with a Vengeance Over Alleged Violations of the Americans with Disabilities Act (ADA)

So Cal Equal Access Group (So Cal) files ADA lawsuits almost on a daily basis. By and large, these lawsuits filed in Federal Court focus on the lack of accessible parking, inaccessible paths of travel to the building entrances, inaccessible entry doors, transaction counters that are excessively high and bathrooms…

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Access Board Releases Design Recommendations for Accessible Electric Vehicle Charging Stations

In 2023, more than 1.4 million plug-in electric cars were sold in the U.S. The electric vehicle share of the total U.S. market was 7.6%, which is up from 5.9% the prior year, and expected to hit 31% by 2050. Given these numbers, it is inevitable that the motor vehicle…

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So, You Think a Successful Defendant in an ADA Lawsuit Can’t Recover Defense Costs? Think Again!

The prevailing wisdom in Americans with Disabilities Act litigation is that defendants who successfully prevail in ADA and Unruh Civil Rights Act lawsuits cannot recover their attorneys’ fees or defense costs. This prevailing wisdom compels most businesses to settle, rather than pursue a meritless case to summary judgment or trial.…

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