Teh One Who Knocks
02-20-2017, 12:53 PM
By Ian Miles Cheong - Heat Street
http://i.imgur.com/gO6o8Wzh.jpg
For a long time, it has been easy to get free money from companies and the government by claiming disability. But in Arizona, a Maricopa County Superior Court judge has put his foot down on serial litigation after a months-long legal battle between the state and a controversial disability advocacy group, dismissing more than a thousand lawsuits.
The decision was delivered by Judge David Talamante, who declared in favor of the Arizona Attorney General’s Office against the Advocates for Individuals with Disabilities (AID) organization, which filed more than a thousand “drive-by” lawsuits against small companies based on disability.
The organization had filed lawsuits against business owners in Scottsdale, Phoenix, Mesa, Chandler, and Gilbert.
“Arizona is not going to tolerate serial litigators who try to shake down small hardworking businesses by exploiting the disability community,” said Attorney General Mark Brnovich. “Today’s ruling is a victory for the rule of law.”
In 2016, AID sued over 1,700 businesses and demanded settlements between $5,000 and $7,000. Per an ABC15 investigation, most of the lawsuits alleged issues with the companies’ parking lot signs. In almost every case, the news network discovered that nobody with disabilities ever visited the businesses.
The issue was brought to fore by Matthew Du Mee, a senior litigation counsel in the attorney general’s office, who said that no injuries ever happened if no one ever visited these places. It was also the basis of the court ruling.
Brnovich previously described the group’s tactics as “abusive litigation practices” that “strain our collective resources.” AID was taking advantage of the disabled to milk a profit from hapless businesses.
“Plaintiffs sought relief they could not possibly obtain, with false and inflated damage numbers, in order to obtain settlements,” he said.
“None of the cases allege that distinct and palpable injury,” declared Judge Talamante.
Per ABC15, AID’s lead attorney, Peter Strojnik, refused to answer press inquiries and declared them to be from “fake news outlets.” He also called a reporter a “liar.”
In 2016, Sen. John Kavanagh sponsored a bill that would have allowed individuals to only file ADA-compliance lawsuits against businesses after giving them legal written notice and 60 days to comply. It was shot down by disability groups like AID.
Following the ruling, the Attorney General’s Office has announced plans to file sanctions against the disability group. If granted, AID must pay back the state and the businesses it sued for all their legal expenses.
http://i.imgur.com/gO6o8Wzh.jpg
For a long time, it has been easy to get free money from companies and the government by claiming disability. But in Arizona, a Maricopa County Superior Court judge has put his foot down on serial litigation after a months-long legal battle between the state and a controversial disability advocacy group, dismissing more than a thousand lawsuits.
The decision was delivered by Judge David Talamante, who declared in favor of the Arizona Attorney General’s Office against the Advocates for Individuals with Disabilities (AID) organization, which filed more than a thousand “drive-by” lawsuits against small companies based on disability.
The organization had filed lawsuits against business owners in Scottsdale, Phoenix, Mesa, Chandler, and Gilbert.
“Arizona is not going to tolerate serial litigators who try to shake down small hardworking businesses by exploiting the disability community,” said Attorney General Mark Brnovich. “Today’s ruling is a victory for the rule of law.”
In 2016, AID sued over 1,700 businesses and demanded settlements between $5,000 and $7,000. Per an ABC15 investigation, most of the lawsuits alleged issues with the companies’ parking lot signs. In almost every case, the news network discovered that nobody with disabilities ever visited the businesses.
The issue was brought to fore by Matthew Du Mee, a senior litigation counsel in the attorney general’s office, who said that no injuries ever happened if no one ever visited these places. It was also the basis of the court ruling.
Brnovich previously described the group’s tactics as “abusive litigation practices” that “strain our collective resources.” AID was taking advantage of the disabled to milk a profit from hapless businesses.
“Plaintiffs sought relief they could not possibly obtain, with false and inflated damage numbers, in order to obtain settlements,” he said.
“None of the cases allege that distinct and palpable injury,” declared Judge Talamante.
Per ABC15, AID’s lead attorney, Peter Strojnik, refused to answer press inquiries and declared them to be from “fake news outlets.” He also called a reporter a “liar.”
In 2016, Sen. John Kavanagh sponsored a bill that would have allowed individuals to only file ADA-compliance lawsuits against businesses after giving them legal written notice and 60 days to comply. It was shot down by disability groups like AID.
Following the ruling, the Attorney General’s Office has announced plans to file sanctions against the disability group. If granted, AID must pay back the state and the businesses it sued for all their legal expenses.