Analysis

Plaintiffs Attys Bank On New ADA Theory For Cash Awards

Law360 (March 13, 2020, 8:40 PM EDT) -- After years of settling for injunctive relief, some plaintiffs attorneys in Florida think they've found a way to open the door for money damages for their clients, testing a new theory that relies on trespass claims.

The Americans with Disabilities Act provides for just injunctive relief and attorneys' fees and costs, but a common-law trespass claim alleging "cookies" placed on a computer without authorization gives disabled plaintiffs a hook for money damages and helps them enter settlement negotiations with a bit more leverage.

"I think it can potentially be used to increase the settlement demand and the settlement amount because you...

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