Law360, New York ( May 13, 2015, 10:06 AM EDT) -- While the Americans with Disabilities Act is an important statute designed to give persons with disabilities an equal opportunity to access and enjoy places of public accommodation, the statute might also be seen as a curse by business owners who have encountered the unfortunate reality of the serial ADA litigant. Record numbers of lawsuits are being filed by a small group of plaintiffs and lawyers who have "partnered" together to file dozens, or even hundreds, of ADA accessibility suits in federal courts. Although the ADA does not authorize an award of damages to a private plaintiff, it does allow the plaintiff to recover their attorneys' fees and costs, making these fee-driven lawsuits a profitable industry and incentivizing unscrupulous plaintiffs and lawyers to pursue serial and abusive ADA litigation against businesses and commercial properties....
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