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This is akin to two neighbors with identical houses and properties. Neighbor A finds out neighbor B's tax assessment is 300K, while his is 450K. He finds this unfair, but instead of going to the assessor to argue that his property is overvalued, he tells him that his neighbor is only assessed at 300K. So the assessor increases his neighbor to 450K. So did he "win"? Was it "fair". Or was he the same whiny 3 year old brat, extending his misfortune to others?
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Louis Schwarz -- Quote:
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There are a lot of deaf people in this world that do just fine without having to raise their issue at every drop of the hat.
They learn how to navigate and get along. The also know the world is not based on their inability nor any others.....that is just the way it is. Well now he and the others coerced into joining him can feel good about disrutpting the lives of thousands because of less than 50.......welcome to the 21st century legal system where the majority loses another one!! |
The original complaint had 35 plaintiffs. one passed away and 2 asked to be removed, leaving the current 32 plaintiffs. So, we have that going for us.
For fun, let's see what the plaintiffs attorneys might have invested so far. Note: this is pure speculation on my part. There are 6 plaintiff attorneys listed in the suit. Let's say they each charge $1000/hour. Let's also assume that that includes all of their paralegal work and all of their travel, hotels, phone calls memos, and all other expenses. So, all in, $1000/hour per attorney. Let's assume each attorney spends 100 hours per year on this case. Let's assume that each attorney only worked a net 5 years out of the 8 total years on this case. What does that add up to? $6000 per hour for all the attorneys combined $600,000 per year in billable fees for the firm $3,000,000+ in total billable fees for the case in total - and counting. Given the purported resume of the lead plaintiff, I wonder if he is receiving a finders fee for this case? |
My husband and I haven't moved to TV yet - 6 more yrs. ADA rules apply to all retirement communities so I suddenly haven't changed my mind about TV due to the closing of the LL college. However, do you think soon-to-be retirees will rethink their plans based on amenities that might not be available once they move? ie. why would I move to TV and pay a monthly fee if the rec centers could potentially close? Why not buy in a community that currently doesn't offer anything and not pay a fee? OK, that's an extreme view but for those of us looking forward to retirement and all the things we'll be doing in the community we buy into, can we still be happy thinking about a future in TV? yes, I'm asking you all to look into the crystal ball and come up with an answer. : )
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I doubt it. That doesn't fit his "activist" profile. The lead plaintiff is most likely to continue doing whatever he can until he can finally reach in the deep pocket he so dearly covets. Sent from my iPad using Tapatalk |
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as always things start out as necessary actions to force change and it's necessary....the intent of the ADA was good...to give access to as many as possible. But as with these things, they seem to morph and become so much more. There are scads of cases brought by people with supposed "disabilities". The deaf community has been especially pro-active but they also seem to relish litigation, and in fact, seek out places to cause litigation. These cases are easily found on the internet. Some of them appear to only be motivated to create a situation to sue. There seems, to me at least, an inherent adversarial nature to their actions, almost militant. The law gives them the ammunition to do this. There is no common sense clause that can be applied to it. It makes liberal minded people like myself understand the recent election results.
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I agree Sbarron01 I Planned to buy and move to TV next year. Now having second thoughts
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The very last thing any of these people would have thought about is suing because they had the misfortune to have a disability. It was just accepted as a fact of life and none of them expected the Government to take care of them. Am I now reading that their attorneys are going after the school? I do hope I misunderstood that. |
The Lifelong Learning College closing - more to the story than whats being told. There are Lifelong Learning Colleges in other states never ever heard of any such a problem. First, getting kicked out of Villages Health Care now this we are not happy Villagers.
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Having read all the posts, I’ll summarize some of them and then state where I think we’re at:
• A number of posters in this thread have started to ask whether a lawsuit should be initiated against the 32 plaintiffs? • While the 32 plaintiffs have lost the first round, they are reported to be continuing on appeal (very disconcerting) • Most would agree that lawsuits like the Schwarz case are not appealed unless the attorneys see a pot of money at the end. TOTV poster “Wavy Chips” estimates $3million and counting … • The RLGs were, according to some, initially a target and included in the suit, but later ruled out of bounds, although perhaps only temporarily. (there is some dispute if the RLGs were simply being described or were actually a target per se. Poster “Blueash” says the court rejected claims against them) • No one knew anything about this issue until the surprise announcement of LLLC’s closure, but realistically, no prudent business (i.e. Developer) is going to announce the particulars of an ongoing lawsuit (i.e. that’s water over the dam.) • The LLLC is likely gone, and not to return, although volunteer efforts to reconstruct parts of it (using Rec Centers, Churches etc) will probably be made. • But, the real remaining issue is countering any potential future legal threats against the RLGs, Clubs etc and what constitutes the heart of The Villages’ lifestyle • The actions of the 32 plaintiffs, regardless of their motivation, has already resulted in significant harm and financial loss to 120,000 residents of TV (ironically enough, plaintiffs included), but seemingly with the potential for much more unless checked. --Some posters on this board who are contemplating buying in / moving to TV have expressed concern and are now possibly looking elsewhere to retire. Basically, the plaintiffs’ action has now created a noticeable market uncertainty. --The plaintiffs’ lawsuit has already degraded TV’s lifestyle given it resulted in the loss of LLLC --However, should the RLGs be successfully attacked, that would mean a major loss, both lifestyle and financial, for the entire community. It would unquestionably impact the market value of all homes in TV in way impossible to currently predict. The impact could potentially be in the range of 10-20%. (to repeat I’m not saying the RLGs will be attacked, but if they were, it would be ugly) • Related to this latter point, there was an interesting post on another TV forum I noticed, and that I include here because of the opinion expressed: --“I sent the lawsuit and all the comments with my questions to a family member and thought a couple of comments might be helpful. "Our firm gets almost as many calls from retirees as the most litigious group, prisoners, because they too have a lot of time." His advice to those concerned that the plaintiffs’ lawyers are supposedly saying 'this is not over' and may "spread" to reccenters, etc...."better lawyer up". “ • Given the extensive activist background (per “John W’s post #106) of the chief plaintiff, the track record as best can be pieced together on the boards, an apparent inclination to litigation, and also that the roots of this action goes back a number of years, it’s improbable this is going to be settled by sweet reason alone. • In sum, a number of posters worry or say the RLG’s are the target, while others say, in effect, we’re safe. I don’t think we can take the risk and simply hope for the best. Thus, I come to the reluctant conclusion that we have no choice but to seek our own proactive legal protection, given the potential stakes involved. The community would need to pitch in and fund it (GoFundMe accounts or whatever). Perhaps the old football adage applies in this instance: offense is the best defense? The best course forward is still TBD … maybe a retired lawyer with a track record who lives here, or the HOA or POA could take the leadership role? (The POA would probably have the most credibility.) But, it now seems prudent to start marshaling legal forces of our own in whatever manner is deemed best. There is also the issue for our lawyers to consider of what, if any, legal exposure the 32 plaintiffs may now have, or could have in the future. . |
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An excellent and concise summary. I proposed earlier, perhaps on another similar thread, that a gofundme account might be appropriate to begin raising money. Your last sentence speaks directly to a position I have taken on a number of occasions. Go on the attack when you are dealing with plaintiffs who are being unreasonable. My educated guess is that few on the list of this action would ever dream they might be personally sued and held liable. Sent from my iPad using Tapatalk |
I really wish we knew what the appeal is that's scheduled in Atlanta later in the December court. I really worry it's the RLGs.
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Might be a good time for an LLC class to take a road trip to see first hand how our legal system works at the U.S. District Court level. Hmmmm. |
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I wonder how many disabilities types are within TV, and how many accommodations we can come up with to sue for. WHY NOT !!!!:D:D
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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!
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These lawyers, though, are basically ambulance chasers of the 2000s and 2010s. Very predatory it looked like. |
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Good luck with that. I wonder how many attorneys populate the legislature. It's kind of like Congress on a lesser scale. |
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!!
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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...
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Lifelong Learning Center
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They will get paid if they are successful in having the court order payment of their proposed fees |
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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. |
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We certainly agree on that. |
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!
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Interesting link
http://www.mass.gov/eohhs/docs/mcdhh...ns-medical.rtf ---------------- 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 |
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: |
Anybody see 60 minutes last night? Don't know, but looks like this could be a Drive-by or Google lawsuit.
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