A South Florida Federal Judge recently held order to show cause hearings in regards to the litigation tactics of a local professional plaintiff ADA lawyer. It seems Judge Zloch had finally had enough of the litigiousness and aberrant behavior of one of South Florida's most prolific ADA lawyers. Examples of the behavior include demanding over 25 hours worth of compensation yet only having less than 10 hours of billable time, lack of candor to the court, lack of candor to opposing counsel, and filing or pursuing matters that were deemed to be frivolous.
A study that was done years ago revealed that the largest groups of cases filed in federal court are ADA cases, driven by the almost automatic attorneys’ fee provisions when these cases are successful or even establish one demonisms non-ADA compliant conditions. With the advent of the United States Supreme Court case of Buckhannon vs. West Virginia School Board, many thought that these professional plaintiff lawsuits would go away or be substantially reduced. Unfortunately, that has not been the case. However, Buckhannon requires plaintiffs to actually obtain a successful decision or agree to a consent decree which always provides for attorneys fees. By forcing these plaintiffs to prove their case in court, many businesses and property owners can win the battle but lose the war.
Federal court litigation is extremely expensive and most of these lawyers know it. LaBovick Law Group has a division dedicated to the defense against these cases. Attorney Joseph R. Fields, Jr., Esq. has been successfully defending these cases for the past 15 years. He is the only attorney to have testified in United States Congressional hearings regarding the abuses of the ADA perpetrated by these groups and their attorneys. To review his testimony before Congress, please go to the website LaBovick.com and click on the ADA defense link. Mr. Fields and his staff are available for consultation in regards to defense of these cases. There are many tactics that can be used in order to significantly reduce the overall exposure that a business or property owner might have.