Predatory Lawsuits

I’ve been disgusted with the power of the litigation industry since President Bill Clinton vetoed a law that would have addressed frivolous medical lawsuits. The veto came, as I recall, after it was passed by the House and the Senate. Fast forward to today and consider the number of ads on television asking for people to sign up for money available because of “medical malpractice.”

My disgust was reinforced by a Denver Post editorial titled, “Predatory lawsuits only hurt ADA compliance.” There has been a profitable litigation industry that has evolved from the laws that were passed to protect the rights of disabled citizens. There are several examples given in the editorial of people who have, with legal help, profited from the ADA legislation. One is a person named in the article who has succeeded at getting out of court settlements for 64 lawsuits against small businesses who weren’t given the chance to make corrections to the violations before being required to pay. Others have found this to be a lucrative process. A Floridian who travels to Colorado has filed 71 lawsuits. There are other examples of people who have successfully filed lawsuits based on the law. They often do not even need to pay filing fees for their lawsuits “because of their income level.” Apparently income from out of court settlements doesn’t count as “income.”

Our legislators seem to be eager to pass regulations that protect “fairness.” Perhaps they can find time to pass something that protects small business owners from predators who are interested in financial gain and not the protection of disabled customers.

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