Pursuing Your Case in State or Federal Court

LITIGATING IN FEDERAL COURT

A federal case usually begins once a document called a "complaint" is filed in federal Court. Once it is filed, the defendant (the business owner or landlord) receives a copy of that complaint along with instructions on how their attorney is to proceed. A business owner often cannot defend their own business in court… they must hire an attorney who has been admitted to practice before the federal bar. Attorneys' fees can cost more than $500 per hour and there is no guarantee how long each case may take to reach a resolution. Some cases take years to be resolved if a settlement is not reached. 

THE EXPENSE OF FEDERAL LITIGATION

ADA legislation is known as "fee shifting legislation" as the attorneys fees for the Plaintiff (the disabled person) can be "shifted" to the defendant business or other entity to pay (in addition to their own attorneys fees).  This is an inducement for the disabled to bring a lawsuit which may eventually have a beneficial impact for many people other than the person initiating the lawsuit.  Defending against an ADA case can quickly become very expensive as expert witnesses may be needed to verify or identify certain information necessary for the prosecution and or the defense of the case, and as with attorneys fees, the Defendant business could be held liable for both parties fees and costs.   

Defendants may also be required to produce information regarding their personal and business financial information such as Federal Income Tax Returns, State Income and Sales Tax Returns, cash register receipts, bank account information, and so on.

Many defendants (business owners or landlords) will either settle their case or run the risk of being held liable for the Plaintiffs attorneys fees and costs, as well as their own. Cases litigated under the ADA can cost tens of thousands of dollars with some costing OVER one hundred thousand dollars.  It is much less expensive to make sure your business is providing access as required by law. Besides, their are Tax Credits available to businesses for making their business more accessible.

MEDIATE INSTEAD OF LITIGATE

It is usually preferable to mediate these cases to reach a resolution which is fair and equitable for everyone. Attorneys try hard to reach an out of court settlement that will be cost effective for a business and protect disability rights. Some businesses that do not understand the law or refuse to compromise on a resolution have to defend their position in court when they are sued. 

The attorneys we work with are very talented, very ethical and committed to disability rights. They know they are serving the disabled and the community by prosecuting these cases and they are determined to make a difference for those who need the protections of the Americans with Disabilities Act. Litigation is an expensive alternative to mediation.