Coles Fine Flooring president faced 'trumped-up' ADA lawsuits
Written by Maryann Marino   
Monday, 26 March 2012 00:00

Tanya Mannes, small business reporter with the San Diego Union Tribune came out to cover CALA's "Create Jobs, Not Lawsuits" Whistle Stop and Call to Action Tour that pulled into San Diego Friday at noon. Here is part of the story:

California Citizens Against Lawsuit Abuse, the state arm of a grassroots movement across the U.S., is leading "Create Jobs, Not Lawsuits" events in various cities to organize citizens concerned about the economic cost of lawsuit abuse.

The local event was at Coles Fine Flooring, where George Coles, president of the company, described being the target of three lawsuits that he said were motivated solely by money. For example: One plaintiff, who could see well enough to read a book in court, said his showroom lacked Braille for the visually impaired, he said.

"I was sued for trumped up Americans with Disabilities violations, which I took personal because I have a lot of loyal disabled customers here and I've never had a complaint," Coles said. Coles' defense attorney, David Warren Peters, said the matters were eventually settled out of court for $2,400 to avoid the cost of litigation.

Read the entire story here.

 
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Tripping? Beach injury? Debate heated on frivolous lawsuits
Written by Maryann Maloney   
Monday, 13 February 2012 00:00

Maryann Marino, regional director for CALA, was quoted in a February 9 article in the Orange County Register about lawsuit abuse. Here is what she had to say:

"Maryann Marino, regional director of California Citizens Against Lawsuit Abuse, says the system makes it too easy to sue, which has a negative affect on public agencies and businesses. 'They call them drive-by lawsuits,' she said. 'They can sue ... and they don't care if you fix the problem, they just want the money.'"

To read the entire article, click here.

 
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Californians are ready for an end to lawsuit abuse
Written by Tom Scott   
Thursday, 13 October 2011 15:21

The Los Angeles Times recently published a commentary by CALA Statewide Advisory Board member David Houston about the survey CALA released on August 23, 2011, and the prospects for legal reform in California. Here is what he had to say:

"California lawmakers are about to close another legislative year without adopting a single civil legal reform or even attempting to address the widespread lawsuit abuse that is hurting job growth and the state's economy.

But legislators may reconsider ignoring legal reform in future years given the results of a new survey of California voters.

A recent assessment of public attitudes towards the burden of lawsuits undertaken by the nonpartisan organization California Citizens Against Lawsuit Abuse, or CALA, found large majorities of voters from across the political spectrum are convinced that abusive lawsuits hurt the state's economy, needlessly burden businesses, and substantially slow job growth."

To read the entire commentary click here.

 

 
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Eliminate predatory ADA lawsuits
Written by Tom Scott   
Friday, 19 August 2011 00:00

The Inland Valley Bulletin and the San Bernardino Sun published a commentary from CALA supporter John Selk enittled, "Eliminate predatory ADA lawsuits." Here is what he said:

"When President George H.W. Bush signed the Americans with Disability Act (ADA) civil rights law in 1990, the intent was to prohibit discrimination based on disability and provide complete access for the disabled in public places. Sadly, opportunists have abused the law by filing tens of thousands of ADA lawsuits meant not to improve access for the disabled, but to extract money from small business owners, especially in California.

A loophole in the law allows professional plaintiffs in California to win monetary awards from noncompliant businesses of up to $4,000 per technical noncompliance. Because businesses often settle rather than pay litigation costs, these lawyers collect outrageous fees for ADA violations without ever ensuring the business owner improves accessibility."

Click here to read the letter.

 
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A Common Sense Solution to ADA Lawsuits - HR 881 The ADA Notification Act
Written by Maryann Maloney   
Sunday, 17 July 2011 04:22

Longtime CALA supporter Dr. Michael Arnold Glueck's commentary "A Common Sense Solution to ADA Lawsuits" was published in the Orange County Register. Here is what he said:

"Currently, the Americans with Disabilities Act (ADA) does not require any notice before a lawsuit can be filed.

Enforcement of the ADA is through civil litigation. Many ADA lawsuits have been filed for issues of relatively minor noncompliance; such a sign being the wrong color or having the wrong wording. Due to California's lawsuit-friendly legal climate, 42 percent of ADA lawsuits filed in the United States are filed in California, causing many small businesses to close and wiping out jobs.

California legislators have repeatedly rejected reforms like U.S.Representative Duncan Hunter's HR 881, The ADA Notification Act. In 2008, the California Legislature created the California Commission on Disability Access, but the commission has failed to make any significant progress in reducing abusive claims. Despite the commission's best intentions, California's accessibility standards continue to conflict with the federal ADA, exceeding 500 pages of minutely detailed standards that change constantly.

Representative Hunter's common sense proposal would require a plaintiff to provide a defendant with notification and an opportunity to correct a violation voluntarily before the plaintiff may commence a civil action and force the business owner to incur legal costs"

Click here to read the entire commentary.

 
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The Helm Is A Victim of Lawsuit Abuse
Written by Maryann Marino   
Wednesday, 13 July 2011 11:36

The Daily Pilot published CALA Southern California Regional Director Maryann Marino's letter "The Helm: A Victim of Lawsuit Abuse."  Here is what she said:

"The reforms the California Legislature put in place three years ago to mitigate the problems of Americans with Disabilities Act (ADA) abuse are not working (Re: "Costa Mesa Bar Sued in ADA Compliance Lawsuit," July 8). Despite the California Commission on Disability Access' best intentions, small-business owners are still facing abusive ADA lawsuits.

U.S. Rep. Duncan Hunter (R-San Diego) has recognized this issue in federal ADA lawsuits, and has introduced H.R. 881, the ADA Notification Act"

Click here to read the entire letter.

 

 

Last Updated on Friday, 19 August 2011 09:31
 
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"Out of Control ADA Lawsuits Need Reforms"
Written by George Coles   
Monday, 20 June 2011 00:00

CALA supporter George Coles' commentary "Out of Control ADA Lawsuits Need Reforms" was published in the San Diego Union Tribune.  Here is what he had to say:

"Rep. Duncan Hunter, R-Alpine, has introduced reform legislation which would change all that. HR 881, the ADA Notification Act of 2011, would require that before a lawsuit could be filed under the ADA, the claimant would have to send the business a letter identifying the problem and providing a brief opportunity to fix it. Most businesses will promptly fix the problem because they can use the same money they would spend on litigation to make improvements. If they ignore the complaint, they realize they almost certainly will end up in court.

Experts estimate that close to 100 percent of ADA lawsuits could have been prevented if a reform like HR 881 had been passed years ago."

Click here to read the guest column.

Last Updated on Friday, 19 August 2011 09:32
 
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