AG seeks to consolidate, dismiss 1,300 ADA suits; cases far from over, says Adam Martinez as chairman of Rose Law Group real estate litigation department

ADABy Jim Walsh | East Valley Tribune

The Arizona Attorney’s Office filed a motion in Maricopa County Superior Court this week that might eventually result in the dismissal of nearly 1,300 lawsuits against businesses accused of violating the American With Disabilities Act.

The motion seeks to consolidate 1,289 cases, mostly filed against Mesa businesses, into one case. It alleges that the plaintiff lacks standing in court to seek attorney fees.


“It is now apparent that AID is not backing down. It anticipates filing thousands of more lawsuits in Arizona and will likely move into other states as well.

“In response to the AG’s pending intervention, AID has told some defendants that AID will appeal any negative decision resulting from the AG’s involvement and will continue its barrage in the court system for years to come. The AG may be successful in striking a major blow to AID’s plans for continued mass litigation in Arizona, but it is likely that it will at least take several months for the court to issue a definitive ruling.

“In the meantime, property owners should continue to respond to lawsuits filed by AID and should know that there are several effective strategies for defending and resolving the lawsuit.

~Adam Martinez is a litigation attorney at Rose Law Group, who is handling many property owners’ cases defending the ADA lawsuits.

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September 2016