ADA & Disability

ERTW possesses industry-leading expertise and experience in dealing with disability-related actions and issues. ERTW’s lawyers have handled several dozen lawsuits (including trials, dispositive motions, fee motions and early negotiated resolutions) arising under the Americans with Disabilities Act (ADA) and state disability laws. In these matters, ERTW has represented national and regional retail clients, as well as clients involved with ADA “public accommodations” ranging from sports teams, arenas, stadiums, movie theaters, international hotel chains, and restaurants. Among other things, ERTW’s experience has involved the national and/or regional coordination of ADA litigation defense efforts for certain clients, and preventive counseling with respect to operational and architectural compliance issues.

ERTW’s formidable ADA experience has made the firm’s lawyers known to parties and attorneys (on both sides of the bar) who work in this area. ERTW lawyers have earned a reputation for being tough but fair. For example, the U.S. District Court for the Central District of California appointed ERTW’s David Raizman as a volunteer settlement officer specializing in ADA disputes.

Representative ADA Litigation Matters:

  • Successfully representing a major film studio with respect to whether disability access laws applied to its studio lot.
  • Persuading a federal court in the Central District of California to offer exemption from mounting discovery sanctions against plaintiffs in exchange for plaintiffs’ dismissal with prejudice of their claims against an international hotel chain. The District Court eventually awarded the hotel clients and co-defendants more than $400,000 in fees and sanctions. The Ninth Circuit Court of Appeals upheld both the dismissal and the award of fees and sanctions.
  • Persuading repeat adversaries of ERTW’s various ADA clients to dismiss federal court ADA litigation in the Southern District of California prior to service.

Representative ADA Counseling Matters:

  • Chief ADA consultant to the national class action defense team for Kmart Corporation in Carrie Ann Lucas v. Kmart Corporation, U.S.D.C. D. Colo., Case No. 99-cv-01923-JLK-CBS.
  • Representing a national retail bookseller in their California ADA litigation, as well as advising on national ADA compliance issues.
  • Representing a national department store retailer on national ADA compliance issues.
  • Representing an international hotel chain on national and international disability compliance issues, both operational and architectural, and in coordinating their national litigation.
  • Representing a California-based chain of nine hotels in ADA litigation matters.
  • Representing several Los Angeles-area stadium owners and operators and the sports franchises using those venues.