Commercial Real Estate Civil Procedure Civil Rights

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The “Program Accessibility” Exception for Public Entities Under the ADA

Public owners, as well as private owners and tenants of commercial and retail properties, are at risk of lawsuits brought under the Americans with Disabilities Act of 1990 (“ADA”) and related state law alleging that their...more

Failure to provide an Ounce of ADA Compliance is worth a Pounding by the DOJ - What you can learn from the DOJ's settlement...

The Department of Justice (DOJ) continues to make the hospitality sector a target for enforcement of the Americans with Disabilities Act (ADA). Starwood Hotels and Resorts Worldwide, Inc. and The Phoenician are the latest to...more

Court Stops Serial Plaintiff's Latest Effort: Payne v. Chapel Hill North Properties

The United States District Court for the Middle District of North Carolina recently dismissed an Americans with Disabilities Act (“ADA”) case filed by Denise Payne, a Florida resident, and National Alliance for Accessibility,...more

SB 1186 Update: California Legislature Attempts to Promote Compliance with Accessibility Standards and to Curtail Vexatious...

In September 2012, the California State Legislature enacted SB 1186 in an effort to cut back on opportunistic litigation and encourage compliance with disability access laws. The new law imposes additional notice, procedural...more

Prevailing Property Owners May Recover Attorney Fees After Defending Accessibility Lawsuit

California Supreme Court issues more liberal rule for property owner to recover attorney fees after defending accessibility lawsuit. The California Supreme Court has issued a ruling making it easier for a commercial...more

LIttle Nell, et. al. v. City of Houston, et. al.

Immunity and Jurisdictional Drainage Fee Flow Chart

Jurisdictional Flow Chart created in response to a Plea to the Jurisdiction filed by the City of Houston and Daniel Krueger, in his official capacity, claiming the 129th District Court of Harris County, Texas, has no...more

California Property and Business Owners Gain Protection from Predatory ADA Lawsuits

California business owners gained new protection against expensive, predatory lawsuits involving disability access laws last week as Gov. Jerry Brown signed into law Senate Bill 1186. It became effective September 19, 2012....more

Kubicki v Mortgage Electronic Registration Systems et al.

County Sheriff May Appoint Special Deputies by Written Agreement to Execute Foreclosures

In this case, the Michigan Court of Appeals found nothing improper in a signed agreement by a county sheriff and a process serving company wherein the president of the process serving company was appointed a special deputy...more

After you buy a property .......

Purchase of immovable property comprises various steps, broadly categorised as post and pre-registration. Here are few measures the purchaser is required to take after purchase of the...more

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