Tuesday, October 13, 2015

Jennings, Strouss & Salmon Expands Commercial Litigation Department with the Addition of Chase A. Bales

 

Chase A. Bales
PHOENIX, Ariz. (October 13, 2015) – Jennings, Strouss & Salmon, P.L.C., a leading Phoenix-based law firm, is pleased to announce that Chase A. Bales has joined the firm as an associate in the Commercial Litigation department.

“We are pleased to welcome Chase to Jennings Strouss,” stated John C. Norling, Managing Attorney of Jennings, Strouss & Salmon. “Chase’s addition will further strengthen our commercial litigation group, and his experience will assist the firm in continuing to provide top-level legal services to our clients.”

Bales is experienced in the representation of managed care plans and providers in complex litigation involving a broad range of health law issues. He also advises social welfare organizations, PACs, and businesses on political and constitutional issues, and has brought and defended actions involving campaign finance compliance and regulation. In addition, Bales has assisted in challenging the constitutionality of certain governmental action.

“Jennings Strouss has an impressive history of engaging in legal work of the highest level,” stated Bales. “It’s an honor to be part of a firm that is comprised of outstanding attorneys who have a wealth of experience.”

Prior to joining Jennings, Strouss & Salmon, Bales worked at Brownstein Hyatt Farber Schreck as an associate, focusing his practice on health care and political law litigation. He served as a law clerk for the Honorable Michael J. Brown at the Arizona Court of Appeals. Bales also worked as an intern with the Criminal Division of the United States Attorney’s Office, and for the Honorable G. Murray Snow in the United States District Court for the District of Arizona. In addition, he worked as an extern for the Honorable Mary H. Murguia at the United States Court of Appeals for the Ninth Circuit.

Bales graduated from the Sandra Day O’Connor College of Law in May 2012, and earned his B.A. in history from the University of Arizona.

About Jennings, Strouss & Salmon, P.L.C.
Jennings, Strouss & Salmon, P.L.C., has been providing legal counsel for over 70 years through its offices in Phoenix and Peoria, Arizona; and Washington, D.C. The firm's primary areas of practice include agribusiness; automobile dealership law, bankruptcy, reorganization and creditors’ rights; construction; corporate and securities; employee benefits and pensions; energy; family law and domestic relations; health care; intellectual property; labor and employment; legal ethics; litigation; professional liability defense; real estate; surety and fidelity; tax; and trust and estates. For additional information please visit www.jsslaw.com and follow us on LinkedIn, Facebook, and Twitter.
 
The firm’s affiliate, B3 Strategies, assists clients with lobbying and public policy strategy at the local, state, and federal levels. For more information please visit www.b3strategies.com.

~JSS~

Friday, October 9, 2015

Disabled Woman Sues More Than 100 Arizona Hotels for Failing to Provide Wheelchair Access to Pools/Hot Tubs


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Theresa Brooke, a wheelchair bound Arizona woman, has in the past several months filed more than 100 lawsuits against Arizona hotel owners for failing to provide wheelchair pool lifts.

Her M.O. is simple. Ms. Brooke (or her attorney/representative) calls a hotel and inquires whether it has a wheelchair pool lift. If the hotel replies that it doesn’t, Ms. Brooke will file a lawsuit. Some hotels have filed motions to dismiss, arguing that Ms. Brooke has no standing to file a lawsuit because she didn’t actually stay at the hotel. The U.S. District Court of Arizona has rejected this argument—allowing Ms. Brooke to proceed with her lawsuits despite never staying at or even visiting the hotel.

The Americans with Disabilities Act requires that hotels with pools built after March 15, 2012, provide wheelchair access to those pools. Hotels with pools built before March 15, 2012, must make those pools wheelchair accessible when it is “readily achievable” to do so. Readily achievable means that providing access is easily accomplishable without much difficulty or expense. According to the ADA, “this is a flexible, case-by-case analysis, with the goal of ensuring that ADA requirements are not unduly burdensome, including to small businesses.” It is ironic, however, how much more expensive it would be for a hotel to prove in court that it cannot afford to install a pool lift than it would be to actually purchase and install that pool lift.

What damages has Ms. Brooke suffered? None—the ADA does not give Ms. Brooke a private right to damages. Ms. Brooke’s attorney, however, is entitled to his reasonable attorney’s fees.

Although Ms. Brooke’s lawsuits appear to focus exclusively on pool lifts, there are several other ADA requirements applicable to hotels that could potentially be exposed by a serial plaintiff like Ms. Brooke. Hotel owners should counsel with an attorney who understands hotel specific ADA compliance issues to avoid being caught in the cross hairs of another litigious, disabled plaintiff.


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Lindsay G. Leavitt is a business litigation and employment law attorney at Jennings, Strouss & Salmon, P.L.C. He regularly represents businesses in employment-related disputes and provides advice on preventative measures.

Wednesday, October 7, 2015

Jeffrey D. Gardner Appointed as National Co-Chair of the American Bar Association’s Trial Practice Committee


PHOENIX, Ariz. (October 7, 2015) – Jennings, Strouss & Salmon, P.L.C., a leading Phoenix-based law firm, is pleased to announce that attorney Jeffrey D. Gardner has been appointed as national co-chair of the American Bar Association’s Trial Practice Committee.

“Being selected as a national co-chair of the American Bar Association’s Trial Practice Committee is a great honor,” stated Gardner, vice chair of Jennings, Strouss & Salmon’s commercial litigation department. “The Trial Practice Committee promotes fairness and justice in the American legal system by enhancing the careers of trial lawyers and litigators. I am thrilled to be able to help lead the committee, and work with some of the brightest attorneys from around the country.”

The Trial Practice Committee is part of the 50,000-member Section of Litigation, the American Bar Association’s (ABA) largest specialty section. It includes attorneys from the plaintiff and defense bars, as well as corporate counsel and academics. The Trial Practice Committee promotes fairness and justice in the American legal system by enhancing the lives and careers of trial lawyers. The Trial Practice Committee is devoted to promoting collegiality and ethics within the trial bar, as well as bringing more diversity into the community of trial lawyers and solving the work/life balance issues that litigators face.

Prior to his appointment to the Trial Practice Committee, Gardner served as national co-chair of the ABA’s Class Action and Derivative Suits Committee, and was also chair of the Securities Regulation Committee of the State Bar of Arizona. His legal practice emphasizes litigation in the class action, employment, real estate and intellectual property areas. In addition, his experience includes commercial and public finance law, as well as broker-dealer and registered investment advisor regulation and compliance. Gardner has represented businesses and individuals in investigations and enforcement actions brought by the U. S. Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), the Arizona Corporation Commission Securities Division, the Arizona Department of Financial Institutions, and numerous other regulatory agencies throughout the United States.

About Jennings, Strouss & Salmon, PLC
Jennings, Strouss & Salmon, P.L.C., has been providing legal counsel for over 70 years through its offices in Phoenix and Peoria, Arizona; and Washington, D.C. The firm's primary areas of practice include agribusiness; automobile dealership  law, bankruptcy, reorganization and creditors’ rights; construction; corporate and securities; employee benefits and pensions; energy; family law and domestic relations; health care; intellectual property; labor and employment; legal ethics; litigation; professional liability defense; real estate; surety and fidelity; tax; and trust and estates. For additional information please visit www.jsslaw.com and follow us on LinkedIn, Facebook and Twitter.
 
The firm’s affiliate, B3 Strategies, assists clients with lobbying and public policy strategy at the local, state, and federal levels. For more information please visit www.b3strategies.com.
 
~JSS~