Frank C. Morris, Jr., Member of the Firm in the Litigation and Employee Benefits practices, in the firm’s Washington, DC, office, was quoted in Business Insurance, in “Congress Addresses ADA Nuisance Suits in Bill, But Prospects Dim,” by Judy Greenwald.
Following is an excerpt:
A bill that passed the U.S. House of Representatives earlier this month addresses businesses’ vulnerability to the numerous so-called “drive-by” lawsuits filed by plaintiffs charging violations of Title III of the Americans with Disabilities Act, which are often based on minor architectural issues.
But the Senate’s passage of H.R. 620, The ADA Education and Reform Act of 2017, is doubtful. And assuming it is passed by the Senate and enacted into law, at least a portion of this litigation will move to state courts.
Experts say the bill’s passage by the House is nevertheless a promising sign. …
However, “it’s not the draconian measure it’s made out to be, nor is it going to stop businesses from complying with Title III of the ADA,” said Frank C. Morris Jr., a member of law firm Epstein Becker Green L.L.P. in Washington. …
“I don’t think it will be a simple, 100% shift from the federal courts to these state courts, but I do think it’s safe to say some number of cases will be pursued by state law claims, particularly in states where damages are available and not just injunctive relief and attorneys fees,” said Mr. Morris.