hahah lawyers are scum!

[waggy]

The ?Disabled Patriots of America? and an individual plaintiff, one Michael Miles, has sued Cedar Point alleging a laundry list of ADA violations. See the complaint here.

The ?Disabled Patriots? is, according to at least one news report, an entity set up for the purpose of bringing ADA suits, often with minimal violations but still with the possibility of fee-shifting, where the defendant will have to pay the fees of the attorneys for the plaintiff. The Cedar Point suit was brought by one of the same two attorneys that press coverage indicates the claims are always brought by, Larry Fuller.

According to the same story, Fuller, Fuller and Associates (Danger! Annoying audio! but a funny picture of a judge to make up for it) was once sanctioned when their client, who was alleged to be quadriplegic, walked into his own deposition.

Of course, none of that necessarily means that Cedar Point is in compliance in all ways, minor or major, and there are no doubt things that could be improved. But it?s worth observing the context.

More coverage here.





hahah there client who they claim is quadriplegic WALKES into the deposition. yeah thats a way to win the suit!

The ADA really needs to be re-written. while the idea behind it is great it is so abused.

Ninja LINK!

 

[tk149]

Originally posted by: waggy
The ?Disabled Patriots of America? and an individual plaintiff, one Michael Miles, has sued Cedar Point alleging a laundry list of ADA violations. See the complaint here.

The ?Disabled Patriots? is, according to at least one news report, an entity set up for the purpose of bringing ADA suits, often with minimal violations but still with the possibility of fee-shifting, where the defendant will have to pay the fees of the attorneys for the plaintiff. The Cedar Point suit was brought by one of the same two attorneys that press coverage indicates the claims are always brought by, Larry Fuller.

According to the same story, Fuller, Fuller and Associates (Danger! Annoying audio! but a funny picture of a judge to make up for it) was once sanctioned when their client, who was alleged to be quadriplegic, walked into his own deposition.

Of course, none of that necessarily means that Cedar Point is in compliance in all ways, minor or major, and there are no doubt things that could be improved. But it?s worth observing the context.

More coverage here.





hahah there client who they claim is quadriplegic WALKES into the deposition. yeah thats a way to win the suit!

The ADA really needs to be re-written. while the idea behind it is great it is so abused.

/furiously clicks all over post but fails to find link

 

[dullard]

Me want link.

My favorite example was on 60 minutes or 20-20 or some other similar program.

A married couple ran a business. A business that was sued by a seedy lawyer. That lawyer went around suing all stores that didn't properly meet ADA parking regulations. The fine? $1,000/day (the lawyer who did the suing keeps it of course). The lawyer would file suit right before a holiday (such as 4:55 pm on Wednesday before Thanksgiving). The store would have no ability to find out about the suit or do anything to fix the problem before Monday. So, the lawyer would pocket a minimum of $5,000 per offense with this tactic ($1,000 each for Thursday, Friday, Saturday, Sunday, and Monday).

Why is this particular business on the news? Well the owners were both in wheelchairs. What did the business do? They repaired wheelchairs for other disabled people. So basically ALL of their customers were disabled and ALL of the parking lot was for disabled customers. But they didn't have the right blue wheelchair sign (they only had a massive sign for handicap accessable wheelchair repair right above the store). The store couldn't afford the $5,000 and went out of business.

Bingo, the ADA closed the only ALL handicapped accessable store in town and the disabled had no where to go for repairs. The good intentions for the law went horribly wrong.

 

[djheater]

Originally posted by: tk149

/furiously clicks all over post but fails to find link

lol

 

[waggy]

Originally posted by: dullard
Me want link.

My favorite example was on 60 minutes or 20-20 or some other similar program.

A married couple ran a business. A business that was sued by a seedy lawyer. That lawyer went around suing all stores that didn't properly meet ADA parking regulations. The fine? $1,000/day (the lawyer who did the suing keeps it of course). The lawyer would file suit right before a holiday (such as 4:55 pm on Wednesday before Thanksgiving). The store would have no ability to find out about the suit or do anything to fix the problem before Monday. So, the lawyer would pocket a minimum of $5,000 per offense with this tactic ($1,000 each for Thursday, Friday, Saturday, Sunday, and Monday).

Why is this particular business on the news? Well the owners were both in wheelchairs. What did the business do? They repaired wheelchairs for other disabled people. So basically ALL of their customers were disabled and ALL of the parking lot was for disabled customers. But they didn't have the right blue wheelchair sign (they only had a massive sign for handicap accessable wheelchair repair right above the store). The store couldn't afford the $5,000 and went out of business.

Bingo, the ADA closed the only ALL handicapped accessable store in town and the disabled had no where to go for repairs. The good intentions for the law went horribly wrong.

that does not suprise me.

the ADA is a good idea. but is far to open to abuse.

 

[BoomerD]

I definitely agree that the law needs a serious overhauling. While I support having things accessible by the handicapped, (and I are one...sort of) I'm against the part of the law that lets sleazebag lawyers go around and sue for these violations, when they aren't harmed or seriously inconvenienced in any way...the ONLY reason the suits get filed, is for the money...NOT to actually correct a problem...Do SOME businesses need to be brought into compliance with the laws? You betcha...Do SOME need to be FORCED into compliance? Yep...Should the ones who refuse to comply be severely fined? Absolutely...should some sleazebag lawyer get rich by filing lawsuits over small infractions? FVCK NO! It's stuff like this, that makes people hate the legal profession...

 

[IGBT]

Originally posted by: waggy

Originally posted by: dullard
Me want link.

My favorite example was on 60 minutes or 20-20 or some other similar program.

A married couple ran a business. A business that was sued by a seedy lawyer. That lawyer went around suing all stores that didn't properly meet ADA parking regulations. The fine? $1,000/day (the lawyer who did the suing keeps it of course). The lawyer would file suit right before a holiday (such as 4:55 pm on Wednesday before Thanksgiving). The store would have no ability to find out about the suit or do anything to fix the problem before Monday. So, the lawyer would pocket a minimum of $5,000 per offense with this tactic ($1,000 each for Thursday, Friday, Saturday, Sunday, and Monday).

Why is this particular business on the news? Well the owners were both in wheelchairs. What did the business do? They repaired wheelchairs for other disabled people. So basically ALL of their customers were disabled and ALL of the parking lot was for disabled customers. But they didn't have the right blue wheelchair sign (they only had a massive sign for handicap accessable wheelchair repair right above the store). The store couldn't afford the $5,000 and went out of business.

Bingo, the ADA closed the only ALL handicapped accessable store in town and the disabled had no where to go for repairs. The good intentions for the law went horribly wrong.

that does not suprise me.

the ADA is a good idea. but is far to open to abuse.

..same scam is going on in the so called environmental movement and endangered species. General public hasen't cauhgt on yet but arousal is eminent.

 

[jagec]

Originally posted by: BoomerD
I definitely agree that the law needs a serious overhauling. While I support having things accessible by the handicapped, (and I are one...sort of) I'm against the part of the law that lets sleazebag lawyers go around and sue for these violations, when they aren't harmed or seriously inconvenienced in any way...the ONLY reason the suits get filed, is for the money...NOT to actually correct a problem...Do SOME businesses need to be brought into compliance with the laws? You betcha...Do SOME need to be FORCED into compliance? Yep...Should the ones who refuse to comply be severely fined? Absolutely...should some sleazebag lawyer get rich by filing lawsuits over small infractions? FVCK NO! It's stuff like this, that makes people hate the legal profession...

I'm not entirely convinced. Just like how every time you make something foolproof, they come up with a better fool, ever time you write a better law, they come up with sleazier lawyers.

There might be nothing wrong with the law, just a bunch of greedy, overzealous lawyers and judges who let them get away with it. There need to be more barriers to entry on lawsuits in this country.

 

[waggy]

Originally posted by: jagec

Originally posted by: BoomerD
I definitely agree that the law needs a serious overhauling. While I support having things accessible by the handicapped, (and I are one...sort of) I'm against the part of the law that lets sleazebag lawyers go around and sue for these violations, when they aren't harmed or seriously inconvenienced in any way...the ONLY reason the suits get filed, is for the money...NOT to actually correct a problem...Do SOME businesses need to be brought into compliance with the laws? You betcha...Do SOME need to be FORCED into compliance? Yep...Should the ones who refuse to comply be severely fined? Absolutely...should some sleazebag lawyer get rich by filing lawsuits over small infractions? FVCK NO! It's stuff like this, that makes people hate the legal profession...

I'm not entirely convinced. Just like how every time you make something foolproof, they come up with a better fool, ever time you write a better law, they come up with sleazier lawyers.

There might be nothing wrong with the law, just a bunch of greedy, overzealous lawyers and judges who let them get away with it. There need to be more barriers to entry on lawsuits in this country.

actually the ADA is very broad. it is to cover not only access it is to cover jobs. So not only do you have these scams you have some where someone will file a ADA lawsuit against there employer.

read one where a guy had filled 15 suits against his work. he won something like $300k only reason he stoped is he got busted playing basketball in the park.

 

[Aharami]

better, more explanatory link

 

[Aharami]

Originally posted by: dullard
Me want link.

My favorite example was on 60 minutes or 20-20 or some other similar program.

A married couple ran a business. A business that was sued by a seedy lawyer. That lawyer went around suing all stores that didn't properly meet ADA parking regulations. The fine? $1,000/day (the lawyer who did the suing keeps it of course). The lawyer would file suit right before a holiday (such as 4:55 pm on Wednesday before Thanksgiving). The store would have no ability to find out about the suit or do anything to fix the problem before Monday. So, the lawyer would pocket a minimum of $5,000 per offense with this tactic ($1,000 each for Thursday, Friday, Saturday, Sunday, and Monday).

Why is this particular business on the news? Well the owners were both in wheelchairs. What did the business do? They repaired wheelchairs for other disabled people. So basically ALL of their customers were disabled and ALL of the parking lot was for disabled customers. But they didn't have the right blue wheelchair sign (they only had a massive sign for handicap accessable wheelchair repair right above the store). The store couldn't afford the $5,000 and went out of business.

Bingo, the ADA closed the only ALL handicapped accessable store in town and the disabled had no where to go for repairs. The good intentions for the law went horribly wrong.

i want to torture scum like that.

 

[BoomerD]

Maybe I need to hire these guys...I want to see the world from the top of Mt. Everest, but I'm too crippled up to walk up there. They need to install an escalator to the top, complete with rest stations and restaurants along the way for my convenience...

The ADA laws are designed to do good for handicapped people, both in the workplaceas well as the rest of the "world", and when applied properly, it's a good thing...makes access easier for many people, requires employers with 15 or more employees to make "reasonable accomodations" for a disabled worker.
From the ADA website:
"Q. What is "reasonable accommodation?"

A. Reasonable accommodation is any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions. Reasonable accommodation also includes adjustments to assure that a qualified individual with a disability has rights and privileges in employment equal to those of employees without disabilities."

http://www.usdoj.gov/crt/ada/adahom1.htm

As I said earlier, sleazeball lawyers like these aren't doing anyone except themselves any favors by these lawsuits. The law wasn't meant to serve such parasites, but rather to help people with disabilities...