Legal Help: Anyone in Texas get hit with an ADA violation lawsuit from a Florida lawyer?

[TwiceHorn 31989]

Probably the real way to deal with this is to answer and move to dismiss citing abuse of the process and the 18 other suits, as well as the whole Rosales debacle.  Should remedy the defect and communicate that with proof to the lawyer.

Now, that may be more costly than just paying the fucker off.  Maybe you could get Jim Harrington to handle it for you at low cost.  But you'd be doing a public service.

There are a few things that make that Rosales situation different (no presuit demands, 300+! suits, etc.), but it's worth a try.

There's also a procedure called an "offer of judgment" under which you could admit fault/liability and offer an amount closer to reasonable.  The burden then falls on the plaintiff to either accept the offer or continue to litigate, but if the plaintiff doesn't "beat" the offer, then costs are awarded to you.  Can be risky, but a lot less so here because there's no damages other than attorneys fees.  Underscores the unreasonableness of the whole thing.

 

Edited September 1, 2021 by TwiceHorn

[TwiceHorn 31989]

Nm.

Edited September 1, 2021 by TwiceHorn
Edit/reply foolishness.

[DDD Dad 14572]

5 hours ago, TwiceHorn said:

Probably the real way to deal with this is to answer and move to dismiss citing abuse of the process and the 18 other suits, as well as the whole Rosales debacle.  Should remedy the defect and communicate that with proof to the lawyer.

Now, that may be more costly than just paying the fucker off.  Maybe you could get Jim Harrington to handle it for you at low cost.  But you'd be doing a public service.

There are a few things that make that Rosales situation different (no presuit demands, 300+! suits, etc.), but it's worth a try.

There's also a procedure called an "offer of judgment" under which you could admit fault/liability and offer an amount closer to reasonable.  The burden then falls on the plaintiff to either accept the offer or continue to litigate, but if the plaintiff doesn't "beat" the offer, then costs are awarded to you.  Can be risky, but a lot less so here because there's no damages other than attorneys fees.  Underscores the unreasonableness of the whole thing.

 

Did the lawyer send a formal demand identifying the specific ADA violations?  If suit is threatened I'd see if you can get the lawyer to send a draft of the complaint.

Also, he still would have to sue you in Texas federal (or state) court, which requires that he have a lawyer at his firm admitted in to practice in the court in question (or he'd have to partner up with local counsel and then appear pro hac vice or just let local counsel do all the in-court filings).

I have handled some ADA suits in the past for restaurants and retail.  Best advice is to get a lawyer you trust to look things over and develop a plan for how to respond.

Edited September 1, 2021 by DDD Dad

[gaspar 117]

On 9/1/2021 at 9:50 AM, DDD Dad said:

Did the lawyer send a formal demand identifying the specific ADA violations?  If suit is threatened I'd see if you can get the lawyer to send a draft of the complaint.

Also, he still would have to sue you in Texas federal (or state) court, which requires that he have a lawyer at his firm admitted in to practice in the court in question (or he'd have to partner up with local counsel and then appear pro hac vice or just let local counsel do all the in-court filings).

I have handled some ADA suits in the past for restaurants and retail.  Best advice is to get a lawyer you trust to look things over and develop a plan for how to respond.

Appreciate it. Yes, we ended up hiring an attorney and he’s advising a course of action. 

[Onboard 2.0 9083]

38 minutes ago, gaspar said:

Appreciate it. Yes, we ended up hiring an attorney and he’s advising a course of action. 

Did he advise you get a flame thrower, and torch the assholes office ?  

 

Cause that's what my legal advice would have been.

[ROFL BOX 6654]

Did he advise you get a flame thrower, and torch the assholes office ?  
 
Cause that's what my legal advice would have been.

You're in the pocket of "Big Flamethrower", we all know that.