Better ADA Solutions by Finnerty Law Offices Inc.

01/18/2024

THE STATE OF OUR COUNTRY. I am befuddled that Trump won in Iowa.

Former President Trump has been: 1) sued in NY, indicted in GA, FL, Manhattan & D.C., as federal & state prosecutors elsewhere have opened numerous investigations. Yes, I realize that he's innocent until proven guilty, but let's remember that 2) the Court in Denver determined, after a full trial, that there was "clear and convincing evidence" that Trump insighted an insurrection on Jan. 6.; & 3) A NY jury found Donald Trump liable for sexually abusing one of the dozens of women who have lodged complaints against Trump, awarding her $5 million. (The 2nd trial is ongoing, but Trump has been sanctioned for his inability to behave in court).

Yes, I, too, regret that gas prices are up, but the rest of the economy is doing well. First, the US has had the best inflation-adjusted recovery from the pandemic of any major economy (& we are the biggest global economy.) Unemployment is still below 4%, not some labor participation trick: more older workers are in the workforce now than ever which would normally increase unemployment. Wages are now rising faster than prices.
GDP growth remains strong. A record number of small businesses have started under Biden. The "soft landing" looks like it's not only here, but might be better than we hoped for. The stock market had a great year, good news for the 61% of Americans who own stocks, which = growth for middle-class investors, retirees, and those planning to retire.
On Crime, the murder rate went up during the Trump administration. Last year it took one of the biggest drops in U.S. history - now on track to be 15% lower than it was in 2022, and far below 2020.
Energy production is something Biden has more control over. Even while passing one of the biggest climate change bills in U.S. history Biden is overseeing a boom of production in American natural gas and crude oil. Both are at all-time highs, & the U.S. is exporting a record amount of energy, something past presidents have all been praised for.
Finally, the budget deficit is actually down. It is $1.4 trillion lower in 2023 than in 2020. There is a long way to go to reform federal spending, but Biden can truthfully say he has the US heading in the right direction to fix our debt problem.
MORE:
Biden’s $1 trillion infrastructure plan has provided funding for popular initiatives like repairing roads, bridges and railroads, and bringing high-speed internet to rural communities, all of which creates jobs. It also funded low-emission public transportation projects and clean water initiatives all across the country. (more jobs). Something Trump could not get done.
Medicare has started to negotiate drug prices for 10 major drugs under Biden, something Trump said he was going to get done but never did.
He created incentives for states to pass red flag laws and expanded laws that prevent people convicted of domestic abuse from gun ownership. The result - overall gun deaths were down 8-10%.
He pardoned thousands of people convicted of simple ma*****na possession, which has added $$$$ to the economy.
He appointed federal judges at a record pace and also appointed Ketanji Brown Jackson, the first black woman on the Supreme Court.
The CHIPS and Science Act provided funding to produce semiconductor chips for popular consumer goods, including cars and cellphones. It is creating jobs and allowing the U.S. to manage its own supply chain forhigh tech products independent of China (and Taiwan).
He also signed the Promise... Act which helped veterans who have long been suffering from the effects of inhaling toxins caused by the burning of trash on military bases.

To me, all of the above taken together make the case for Biden's presidency, and many of these points are why — despite my many criticisms of his administration — I think it's very hard to argue he has been a "terrible" president as some say.

I'm not saying Biden is the best candidate imaginable, but he's not a criminal, a misogynist or a liar who can't even identify the three branches of government. Let's all think carefully about the character of the person for whom we vote.

(Credit to Isaac Saul @ Tangle: an independent, nonpartisan, subscriber-supported politics newsletter for the data).

08/23/2023

“Thus it is manifest that the best political community is formed by citizens of the middle class, and that those states are likely to be well-administered in which the middle class is large, and stronger if possible than both the other classes, or at any rate than either singly; for the addition of the middle class turns the scale, and prevents either of the extremes from being dominant,” wrote Aristotle.

08/18/2022

ADA-MILL (POTTER HANDY) GETS SUED BY DISTRICT ATTORNEYS’ OFFICES
Lawsuit claims the firm files “baseless lawsuits” “for the sole purpose of extracting cash settlements” as “small businesses across California have long claimed…”
By Kathleen E. Finnerty
FINNERTY LAW OFFICES, INC.
April 21, 2022

Thousands of California businesses across the state are exhaling a sigh of relief because on April 11, 2022, the San Francisco County District Attorney’s Office and Los Angeles County District Attorney’s office joined forces to file a 441-page Complaint for Restitution, Civil Penalties, Preliminary and Permanent Injunction and Other Equitable Relief against the ADA-mill firm Potter Handy for allegedly filing thousands of fraudulent Americans with Disabilities Act claims.

The Complaint alleges that Potter Handy has filed thousands of ADA lawsuits on behalf of a “stable” of frequent-filers, including Brian Whitaker, Orlando Garcia, and Scott Johnson (designated as “Serial Filers”). The Complaint alleges that these cases are mostly filed against small businesses, such as convenience stores, laundromats, liquor stores, beauty salons, small restaurants and retails shops, and that based on the evidence gathered to date “Potter Handy also appears to target businesses in marginalized communities -- particularly those that have large populations of immigrants and residents” for whom English is either not spoken or a second language – all as part of a “scheme” designed to pressure these small businesses into quick settlements between $10,000 and $20,000.

The Complaint alleges that “[c]onservatively assuming an average settlement figure of $10,000 per case, Defendants have extracted over $5,000,000 from California’s small businesses from the cases filed on behalf of just one of their Serial Filers in just over two years.” The complaint further alleges that “it is reasonable to assume Potter Handy has drained tens of millions of dollars from California’s small businesses during the statute of limitations period alone.”

The complaint focuses on five primary legal violations by Potter Handy:

1) That Potter Handy “intentionally make false standing allegations to deceive the courts and sued businesses into believing federal jurisdiction is appropriate, all for the purpose of avoiding California’s reforms on abusive Unruh Act litigation and shaking down small businesses for cash settlements”.

2) Thousands of small businesses across California “have been forced to pay their hard-earned funds, not to actually remedy ADA violations and increase accessibility, but to fill (the firm and their lawyers’) pockets.”

3) The firm has been given ample notice that their clients’ standing allegations are false or otherwise not credible and has been sanctioned numerous times.

4) The firm will not dismiss cases that they know would lose if litigated to judgment, intentionally run up their attorney’s fees (including “unreasonably inflated billing records”) …. And genuinely refuse to engage in good faith negotiations, thereby wearing out their small business targets and further pressuring them into settling cases.

5) The firm often files claims where the alleged physical barriers are “false, incorrect or do not rise to the level of a legal violation.”

The complaint alleges that the filing of these ADA lawsuits violates the State Bar Act, Business and Professions Code Section 6128(a) , as well as the California Rules of Professional Conduct Section 3.1 and 3.3. Section 3.3

A violation of any of these State Bar Act provisions constitutes an unlawful business practice under California’s Unfair Competition Law, Business and Professions Code Section 17200, et. seq., the legal basis for the Complaint.

The complaint’s prayer for relief requests the Court to enjoin Potter Handy, temporarily and permanently, from filing any further ADA lawsuits, and to return settlement money it has received to small businesses.
As of this writing no temporary restraining order application appears to have been made, and how restitution might be recovered and distributed is a long way from being known.

This action by the District Attorneys’ offices may impact your current or recently settled litigation on the thousands ADA cases filed by the Potter Handy firm. You may wish to consider contacting your ADA defense lawyer to discuss your next steps. We will continue to monitor this case as it develops.

se Number: CGC22599079
Title: PEOPLE OF THE STATE OF CALIFORNIA VS. POTTER HANDY LLP ET AL
Cause of Action: BUSINESS TORT

Generated: 2022-04-21 12:14 pm

Register of Actions Parties Attorneys Calendar Payments Documents

Please Note: The "View" document links on this web page are valid until 12:24:19 pm
After that, please refresh your web browser. (by pressing Command +R for Mac, pressing F5 for Windows or clicking the refresh button on your web browser)


Register of Actions

Show 102550All entries
Search:
Date Proceedings Document Fee
2022-04-11 SUMMONS ISSUED (TRANSACTION ID # 67466833) TO PLAINTIFF PEOPLE OF THE STATE OF CALIFORNIA View

2022-04-11 NOTICE TO PLAINTIFF View

2022-04-11 EXHIBITS A-K TO COMPLAINT FOR RESTITUTION, CIVIL PENALTIES, PRELIMINARY AND PERMANENT INJUNCTIONS, AND OTHER EQUITABLE RELIEF (TRANSACTION ID # 67466833) FILED BY PLAINTIFF PEOPLE OF THE STATE OF CALIFORNIA View

2022-04-11 CIVIL CASE COVERSHEET FILED (TRANSACTION ID # 67466833) FILED BY PLAINTIFF PEOPLE OF THE STATE OF CALIFORNIA View

2022-04-11 BUSINESS TORT, COMPLAINT (TRANSACTION ID # 67466833) FILED BY PLAINTIFF PEOPLE OF THE STATE OF CALIFORNIA AS TO DEFENDANT POTTER HANDY LLP POTTER, MARK HANDY, RUSSELL PRICE, DENNIS SEABOCK, CHRISTOPHER SEABOCK, AMANDA LOCKHART CARSON, CHRISTINA PRICE, PRATHIMA BALLISTER JR., RAYMOND MONTGOMERY, ELLIOTT SMITH, BRADLEY ZIMMERMAN, JOSIE ZAMAN, TEHNIAT MASANQUE, ISABEL ROSE GUTIERREZ, FAYTHE GRACE, PHYL DOES 1-100 NO SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET NOT FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR SEP-14-2022 PROOF OF SERVICE DUE ON JUN-10-2022 CASE MANAGEMENT STATEMENT DUE ON AUG-22-2022 View
EXEMPT

01/30/2020

Compliance is usually cheaper than litigation. Take care of these items and you will be closer to compliant in no time!

09/24/2012

09/24/2012

New Law Aims to Reduce Predatory ADA Lawsuits.

California has become a hotbed of ADA lawsuits because, unlike most other states, our statutes make every ADA violation subject to a $4,000 penalty, plus attorney's fees and court costs. More than 40% of all ADA lawsuits in the nation are filed in California, according to Lawyers Against Lawsuit Abuse, due in large part to the financial incentives our state created for plaintiffs' lawyers.
Over the past few years, numerous small business owners have been hit with a frivolous Americans with Disabilities Act lawsuit. It has been frustrating and disturbing to watch predatory attorneys wreak havoc throughout our state. Too often, I've heard the sad story of a business that didn't respond to a threatening letter and found themselves in court, or closing their doors out of fear or expense. This predatory practice has cost California businesses millions of dollars, and only a small portion of the changes made actually increase accessibility.
Thankfully, at the urging of Sen. Diane Feinstein, last week Governor Jerry Brown signed SB 1186 into law last week. The bill took effect immediately upon being signed. Provisions of the bill that should work to ease the burden on business include:

• Bans the dreaded practice known as “demand for money” letters from attorneys; letters can still be sent to alert businesses of potential infractions and violations.

• Attorneys must send a copy of their letters to the California State Bar and the California Commission on Disabilities. This ensures legal standards are met while keeping track of attorneys filing the bulk of the lawsuits.

• Provides an avenue for communities to expand their Certified Access Specialist, or CASp inspection programs, giving businesses an opportunity to be proactive in becoming ADA compliant. A CASp is certified by the State to create accessibility plans for businesses to follow in becoming compliant.

• The bill reduces statutory damages by as much as 75 percent by putting new provisions into place to prevent “stacking” of multiple claims and provides litigation protections for defendants whose violations are corrected.

I commend the efforts of all who were integral in getting this bill passed. Several of us have tried to achieve these changes for nearly 10 years, only to be rebuked by those who didn’t appreciate the devastating impact on California businesses.

"This bipartisan bill retains the state's strong disability-rights protections, while helping put an end to predatory practices that squeeze small businesses and do little to improve access," Brown said.

Only time will tell whether SB 1186 will work, but one thing is certain: It is worth finding out. The law "should provide some relief to small-business owners who are making good faith efforts to comply and should help rein in unscrupulous plaintiffs' lawyers who have been exploiting the Americans With Disabilities Act for financial gain," said Kim Stone, president of the Civil Justice Association of California, a group opposed to what it considers frivolous lawsuits.

The fact remains that all California businesses should be proactive in assessing their ADA compliance. The best defense to a potential ADA lawsuit, meritorious or otherwise, is to assure that your facility complies with all ADA and California Title 24 regulations by having a CASp inspection done by a qualified CASp inspector. Be aware, however, that not all inspectors are equally qualified – experience with litigation issues is a must to avoid having your CASp inspector create “Exhibit A” for the Plaintiff!

Our firm is available to provide educational seminars and practical legal advice based on 12 years of experience in defending ADA litigation across California and the nation at over 3,000 facilities. We can highlight the Top Ten Accessibility issues to help protect your business, and how best to respond if you are sued. Please call us at (916)781-3466 or email [email protected].

09/19/2012

http://www.kfinnertylaw.com/?p=299

I have said countless times that not all ADA cases are made equal, equally bad that is. Some are actually meritorious, some are weak, others are strong and some are completely lacking in merit. Scott N. Johnson, the most prolific Plaintiff in all of California filed over 200 cases against apartm...

03/14/2012

VIGILANTE JUSTICE IS NOT JUSTICE AT ALL
http://www.kfinnertylaw.com/wp-content/uploads/2011/12/Revised-VIGILANTE-JUSTICE-IS-NOT-JUSTICE-AT-ALL.pdf

03/14/2012

The new 2010 ADA Standards take effect in two days. Are you ready? Have you made all modifications necessary to achieve compliance under either the ADAAG or the 2010 Standards? Many plaintiffs' lawyers are eagerly awaiting this opportunity to create hundreds of new lawsuits over swimming pool and sauna lifts, gyms and work out areas, golf courses and nature trails - all new scoping topics under the 2010 ADA Standards, not to mention new regulations on bathrooms, parking, service animals, ticket sales, "power-driven mobility devices" and "effective communication." Proactive measures help mitigate risks, but many questions remain unanswered.