Today, the US Access Board announced that it is seeking final public comment on its newly proposed Americans with Disabilities Act (ADA) guidelines for the use of lower transfer heights for medical diagnostic equipment in medical diagnostics and treatment. The US Access Board is the federal organization that develops guidelines for…
On June 12, 2023, the California Assembly’s Judicial Committee re-drafted the content of an existing bill, AB1757, to pertain specifically to website accessibility and the adoption of the Web Content Accessibility Guidelines (“WCAG”) 2.1 into disabled access law. AB1757 specifically permits plaintiffs the right to sue businesses if the business’s…
JMBM is proud to announce that two of its Americans With Disabilities (ADA) Defense attorneys, Martin H. Orlick and Stuart K. Tubis, have recently been recognized for their professional excellence. Martin, a partner in the firm and Chair of the ADA Compliance & Defense Group, has been named one of…
On April 11, 2022, San Francisco District Attorney Chesa Boudin and Los Angeles District Attorney George Gascon filed a lawsuit against Potter Handy for allegedly filing thousands of fraudulent Americans with Disabilities Act claims. The complaint can be found here. The 58-page complaint alleges that Potter Handy filed thousands of…
After nearly two decades of peace in the vineyards, California wineries are once again the targets of ADA litigation. ADA lawsuits are being filed almost daily against wineries large and small by a single plaintiff, Andres Gomez. Mr. Gomez, a Miami resident, has sued more than 100 wineries in Northern…
You’re about to see a lot more Electric Vehicle Charging Stations (EVCS) on your daily drive. Within months of taking office, the Biden Administration announced an initiative to build half a million new charging stations across the country. The Infrastructure Investment and Jobs act, which passed in November 2021, includes…
In another blow to serial ADA litigation against hotels, a judge in the Northern District of California has issued an opinion dismissing the case against JMBM client OCI, which owns and operates a Comfort Inn & Suites near the San Francisco International Airport. Brian Whitaker, who has filed nearly 2,000…
Sales of electric and hybrid vehicles are on the rise, as is the need for electric vehicle charging stations (EVCS) to charge those vehicles. More and more, we see hotels, hospitals, theaters, shopping centers, stadiums, apartment communities, and other commercial establishments that provide EVCS as a service to their guests,…
Declining to exercise supplemental jurisdiction, the United States District Court Central District of California (Central District) is addressing high frequency litigants who file lawsuits in federal court alleging violations of the Americans with Disabilities Act (ADA). The Central District has been inundated with ADA lawsuits by California plaintiffs. According to…
In a unanimous published opinion, the United States Court of Appeals for the Ninth Circuit (Ninth Circuit) affirmed the District Court’s dismissal of Whitaker v. Tesla Motors, for failure to state a claim of an action under Title III of the Americans with Disabilities Act (ADA). This case may have…