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Welcomed intervention from the Arizona Attorney General, seeking to have serial litigant AND his attorney deemed vexatious litigants

The story of the ADA tester plaintiff and his attorney, Peter Strojnik, has been well-profiled here. However, despite having his initial round of state court lawsuits dismissed and settling sanctions allegations by the Attorney General, Strojnik is back at it – alleging ADA violations against hotels in new federal court lawsuits. However, yesterday afternoon, the […]

Expert Witnesses: Who Needs ’Em?

Clients often ask whether retaining an expert witness is necessary in their case. And they are wise to ask, because experts are a critical part of many cases, but not all. As attorneys, we often retain an expert “because we can” or “because that’s how we always litigate this type of case.” But often we […]

Strategies for Defending ADA Accessibility “Tester” Lawsuits

In the last 15 months, over 1,000 complaints alleging ADA accessibility violations have been filed by three individual plaintiffs against Arizona commercial property owners, retailers, restaurants, and hospitality entities. These “tester” cases assert nearly identical allegations related to insufficient handicap parking, improper construction of restroom facilities and check-out counters, and, in the case of hotels, […]