mark handler
SAWHORSE
San Diego cases featured in group's report
Lawsuit abuse is hurting California's small businesses and draining the economy, according to a report released this week that features two San Diego business owners.
The report, issued by California Citizens Against Lawsuit Abuse, a legal-reform advocacy group, summarizes a series of roundtable discussions held in San Diego, Sacramento, Modesto, Fresno and Orange County with elected officials, community leaders and business owners.
Ann Kinner, who owns Seabreeze Books & Charts in Point Loma, describes how she was sued for violating the Americans with Disabilities Act, even though her business was located in a historic district. She won the lawsuit, but it cost her $10,000 in legal fees. Marshall Bryer, CEO of Rossi’s Pizza and Sports Bar in San Marcos, speaks about how businesses aren't allowed any time to correct disabled-access violations before being sued.
From the report:
While numerous laws invite lawsuit abuse in California, certain laws appear to be favored by plaintiffs’ attorneys more than others, such as the Americans with Disability Act (ADA), Proposition 65 and employment regulations. These laws invite attorneys to sue, sometimes for completely fabricated reasons, in search of a quick settlement. California’s ADA laws allow businesses to be sued for any access restriction, no matter how minor, such as the location of a garbage can; its Proposition 65 laws encourage attorneys to sue if the height or color of a sign warning consumers of hazardous materials is not correct; and its employment regulations allow attorneys to file lawsuits if employees are not forced to take breaks at specific times.
"Anybody can be subject to a lawsuit in California," said CALA regional director Maryann Maloney Marino. "More than 1.4 million lawsuits were filed last year alone, but that does not take into account the hundreds or thousands of demand letters businesses get."
The group has distributed copies of the report to the California Legislature and is pushing for tort reform to reduce the number of lawsuits based on technical violations.
Read the full report here: [CALA report on lawsuit abuse]
http://www.cala.com/images/stories/CALA_Roundtable_report_low-res.pdf
Lawsuit abuse is hurting California's small businesses and draining the economy, according to a report released this week that features two San Diego business owners.
The report, issued by California Citizens Against Lawsuit Abuse, a legal-reform advocacy group, summarizes a series of roundtable discussions held in San Diego, Sacramento, Modesto, Fresno and Orange County with elected officials, community leaders and business owners.
Ann Kinner, who owns Seabreeze Books & Charts in Point Loma, describes how she was sued for violating the Americans with Disabilities Act, even though her business was located in a historic district. She won the lawsuit, but it cost her $10,000 in legal fees. Marshall Bryer, CEO of Rossi’s Pizza and Sports Bar in San Marcos, speaks about how businesses aren't allowed any time to correct disabled-access violations before being sued.
From the report:
While numerous laws invite lawsuit abuse in California, certain laws appear to be favored by plaintiffs’ attorneys more than others, such as the Americans with Disability Act (ADA), Proposition 65 and employment regulations. These laws invite attorneys to sue, sometimes for completely fabricated reasons, in search of a quick settlement. California’s ADA laws allow businesses to be sued for any access restriction, no matter how minor, such as the location of a garbage can; its Proposition 65 laws encourage attorneys to sue if the height or color of a sign warning consumers of hazardous materials is not correct; and its employment regulations allow attorneys to file lawsuits if employees are not forced to take breaks at specific times.
"Anybody can be subject to a lawsuit in California," said CALA regional director Maryann Maloney Marino. "More than 1.4 million lawsuits were filed last year alone, but that does not take into account the hundreds or thousands of demand letters businesses get."
The group has distributed copies of the report to the California Legislature and is pushing for tort reform to reduce the number of lawsuits based on technical violations.
Read the full report here: [CALA report on lawsuit abuse]
http://www.cala.com/images/stories/CALA_Roundtable_report_low-res.pdf