Tuesday, April 17, 2012

New York Times Discovers Serial ADA Litigation

See this article from today's paper.  My views on this issue are a matter of public record: The ADA has been on the books for more than 20 years.  Private lawsuits are, as a practical matter, the only way to effectively enforce the law against businesses that are still violating it.  And Congress recognized that private lawsuits will not be brought unless successful plaintiffs can recover attorneys' fees.  So if the suits brought by serial litigators are legally meritorious -- and extremely often, those suits are -- the fact that their lawyers are motivated by money and not by abstract do-gooderism may seem tacky to some, but that's how Congress designed the system.  I continually fail to understand why it's okay for defendants' lawyers to be motivated by money, but it's the worst thing ever when plaintiffs' lawyers are.

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