The District Attorneys’ offices of San Francisco and Los Angeles have recently appealed to a Californian appellate panel, seeking a resurrection of their civil suit. As per their claim, the law firm Potter Handy LLP has been conducting deceptive practices, ensnaring thousands of businesses in factually unsupported disability rights lawsuits. They argue that the lower court erroneously applied the litigation privilege.
The civil suit pertains to the controversial practice often referred to as an ‘ADA shakedown’. Critics allege that some parties exploit the provisions of the Americans with Disabilities Act (ADA) to inflict legal action and thereby extract settlements from businesses, irrespective of the legitimacy of claims. The suit initiated by the DAs’ offices alleges that Potter Handy LLP has executed this practice on a wide scale.
According to them, the law firm has targeted thousands of businesses using the litigation privilege as a shield. However, the DAs’ offices argue that this application of the privilege is a misinterpretation and that the lower court was mistaken in allowing it. Their appeal calls for a revival of the civil suit on these grounds.
If the appellate panel accepts the presented argument, this could potentially lead to further examination of the practices of Potter Handy LLP, casting a spotlight on the alleged misuse of disability rights lawsuits and the application of the litigation privilege. To learn in-depth details about the case, visit the original Law360 report here.