[theorem painter]

Originally Posted by Bonnevie

no, they won that motion. they were denied the RLGs motion.

Yes, they did win it and usually the next step is for the Court to decide if the plaintiffs deserve monetary compensation.

[YouNeverKnow]

Originally Posted by Mleeja

Wow! Did anyone see 60 Minutes tonight. Segment about lawyers filing ADA lawsuits. Florida is one of two states that allow cash awards for ADA suits. Could help explain why LLC closed the doors. I would be worried about all the pools not being ADA compliant!

What's a "drive-by lawsuit"? - CBS News Here's a link to the story. Sad statement that greed is the motivating factor for some people.

[dbussone]

Originally Posted by Bonnevie

I did see it and noted that Florida is a prime place for lawsuits because it allows compensation. So perhaps we all need to contact our state legislators and say we want the law changed. Of course, winning of such suits by the plaintiffs should require compliance but compensatory and punitive damages should no longer be awarded. Then maybe the suits will truly be about righting a wrong, not lining pockets. I intend to write to my representative tomorrow requesting this change.

Good luck with that. I wonder how many attorneys populate the legislature. It's kind of like Congress on a lesser scale.

[NotGolfer]

We saw the 60 Minutes piece and both of us commented on it sounding JUST LIKE what happened here. Just don't have words to add to this....but despicable comes to mind!!

[Taltarzac725]

Originally Posted by NotGolfer

We saw the 60 Minutes piece and both of us commented on it sounding JUST LIKE what happened here. Just don't have words to add to this....but despicable comes to mind!!

It seems very different from what happened here in the Villages unless there is a lot more to the story. The judge did not think so. And most judges seem rather fair except for those playing mind games like some on the US Supreme Court.

[Northwoods]

My question is... how are the NY lawyers going to get paid? I can't see them walking away from an 8 year lawsuit. I believe they took this on because they saw some monetary reason to do it. So... if the LLC shuts down, how do they get paid? My fear is that they will go after the Charter School. If that happens it will be devastating to The Villages. Think about it.... waiters, doctors, nurses, hairdressers, contractors, laborers.... many work here because that Charter school is a huge draw to attracting a good workforce. The Charter School was a brilliant move by The Villages Leadership and a huge draw to attract a highly-skilled workforce. You take away that benefit and there is no incentive for many of the workforce infrastructure to stay here. Someone tell me that can't happen...

[dbussone]

Originally Posted by Northwoods

My question is... how are the NY lawyers going to get paid? I can't see them walking away from an 8 year lawsuit. I believe they took this on because they saw some monetary reason to do it. So... if the LLC shuts down, how do they get paid? My fear is that they will go after the Charter School. If that happens it will be devastating to The Villages. Think about it.... waiters, doctors, nurses, hairdressers, contractors, laborers.... many work here because that Charter school is a huge draw to attracting a good workforce. The Charter School was a brilliant move by The Villages Leadership and a huge draw to attract a highly-skilled workforce. You take away that benefit and there is no incentive for many of the workforce infrastructure to stay here. Someone tell me that can't happen...

They will get paid if they are successful in having the court order payment of their proposed fees

[Northwoods]

Originally Posted by dbussone

They will get paid if they are successful in having the court pay their proposed fees

But what does that mean. Who is going to pay those fees? If it appears that The Villages is going to get strapped with that payment because the plaintiffs are naming The Charter School in their lawsuit, couldn't they shut down The Charter School to avoid a massive payout?

[dbussone]

Originally Posted by Northwoods

But what does that mean. Who is going to pay those fees? If it appears that The Villages is going to get strapped with that payment because the plaintiffs are naming The Charter School in their lawsuit, couldn't they shut down The Charter School to avoid a massive payout?

I don't want to think that far ahead. But keep in mind that the attorneys are paid on a contingency. Since the 8 year approach didn't work, they will most likely petition the court to ask the defendant to pay their outrageous fees.

[Northwoods]

Originally Posted by dbussone

I don't want to think that far ahead. But keep in mind that the attorneys are paid on a contingency. Since the 8 year approach didn't work, they will most likely petition the court to ask the defendant to pay their outrageous fees.

I wish that the plaintiffs could be liable for a portion of their fees. Only because... it would make them more mindful of the action. If you can file a lawsuit but know you will never have to pay anything... that is so easy. IF they had more skin in the game... would they have thought through their decisions a little more?

[dbussone]

Originally Posted by Northwoods

I wish that the plaintiffs could be liable for a portion of their fees. Only because... it would make them more mindful of the action. If you can file a lawsuit but know you will never have to pay anything... that is so easy. IF they had more skin in the game... would they have thought through their decisions a little more?

We certainly agree on that.

[banjobob]

Just curious as to how many totally or partially deaf people live in and enroll in the learning college in The Villages or is this just about the money , the article stated a New York law firm? is filing the suit. Nothing wrong with advocating for a cause if a real need was evident. I wonder how many individual complaints were voiced and what was actually done with those complaints . Maybe just a zealot bolstering an ego!

[T-325]

Interesting link

http://www.mass.gov/eohhs/docs/mcdhh...ns-medical.rtf

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ADA Title III Places of Public Accommodation
A pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment are considered ‘places of public accommodation’ meaning a facility, operated by a private entity, whose operations effect commerce. Doctor’s offices and nursing homes are covered under Title III. Congregate care facilities, independent living centers and retirement communities are covered by Title III, if, they provide significant enough level of social services that they can be considered social service establishments. Social services in this context include medical care, assistance with daily living activities, provision of meals, transportation, counseling and organized recreational activities.
-----------------

key question/key interpretation .. 2000 plus clubs

the Rec centers provide space..they don't organize activities... or do they?

that may be the question

[rubicon]

60 minutes had a segment on attorneys filing bogus lawsuits under ADA all over the country. wonder if this lawsuit has application here?

Personal Best Regards:

[Soccermom]

Anybody see 60 minutes last night? Don't know, but looks like this could be a Drive-by or Google lawsuit.