Tuesday, August 15, 2017

32 Jennings Strouss Attorneys Recognized in 2018 Edition of Best Lawyers in America®

PHOENIX, Ariz. (August 15, 2017) – Jennings, Strouss & Salmon, P.L.C., a leading Phoenix-based law firm, is pleased to announce that 32 lawyers have been named to the 2018 Edition of Best Lawyers. 

Best Lawyers has published their list for over three decades. Lawyers on the Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise, and undergo an authentication process to make sure they are in current practice and in good standing.

Congratulations to the following Jennings Strouss attorneys named to the 2018 Best Lawyers in America list:

Gerald W. Alston – Arbitration; Commercial Litigation; International Arbitration – Commercial; International Trade and Finance Law; Litigation – Construction; Mediation
Thomas C. Arendt Real Estate Law
Timothy W. Barton – Litigation – Real Estate
David Brnilovich – Real Estate Law
John R. Christian – Tax Law; Trusts and Estates
Joseph E. Cotterman – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law; Litigation - Bankruptcy
Richard K. Delo – Health Care Law; Legal Malpractice Law – Defendants; Medical Malpractice Law – Defendants; Personal Injury Litigation – Defendants
John J. Egbert – Commercial Litigation; Employment Law – Management; Labor Law – Management
Lee E. Esch – Real Estate Law
Jay A. Fradkin – Health Care Law; Litigation – Health Care; Medical Malpractice Law – Defendants; Personal Injury Litigation – Defendants
Jeffrey D. Gardner – Commercial Litigation
Joel L. Greene – Energy Law
Norma C. Izzo – Family Law
Paul G. Johnson – Commercial Litigation
Michael K. Kelly – Patent Law
Gary G. Keltner – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law; Litigation – Bankruptcy; Real Estate Law
Richard Lieberman – Banking and Finance Law; Business Organizations (including LLCs and Partnerships); Closely Held Companies and Family Businesses Law; Corporate Compliance Law; Corporate Governance Law; Corporate Law; Leveraged Buyouts and Private Equity Law; Mergers and Acquisitions Law; Private Funds / Hedge Funds Law; Securities / Capital Markets Law
Jay M. Mann – Construction Law; Litigation – Construction
Bruce B. May – Real Estate Law
Gary J. Newell – Energy Law
John C. Norling – Real Estate Law
Robert J. Novak – Banking and Finance Law; Real Estate Law
Michael R. Palumbo – Arbitration; Commercial Litigation; Mediation
J. Scott Rhodes – Administrative / Regulatory Law; Arbitration; Ethics and Professional Responsibility Law; Legal Malpractice Law – Defendants; Litigation – Municipal; Mediation; Municipal Law
Alan I. Robbins – Energy law
Jack N. Rudel – Corporate Law
John G. Sestak, Jr. – Administrative / Regulatory Law; Commercial Litigation; Corporate Law; Litigation – Banking and Finance; Litigation – Construction; Litigation – Labor and Employment; Litigation – Real Estate
Richard Silverman – Energy Law
Wayne A. Smith – Real Estate Law
George C. Spilsbury – Corporate Law; Public Finance Law
Bradley J. Stevens - Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law; Litigation – Bankruptcy
Kenneth C. Sundlof, Jr. – Energy Law

About Jennings, Strouss & Salmon
Jennings, Strouss & Salmon, P.L.C., has been providing legal counsel for 75 years through its offices in Phoenix and Peoria, Arizona; and Washington, D.C. The firm's primary areas of practice include advertising and media law; 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.
Contact:  Dawn O. Anderson  |  danderson@jsslaw.com   |  602.495.2806

Friday, August 4, 2017

ADA Plaintiff's Fernando Gastelum and Theresa Brooke Sue Hotels Over Online Reservation Policies

By: Lindsay Leavitt Attorney, Jennings, Strouss & Salmon, P.L.C.

The Arizona hospitality industry needs to brace itself for another tidal wave of ADA litigation. ADA plaintiffs Fernando Gastelum and Theresa Brooke have recently filed nearly a dozen lawsuits alleging that the hotels’ online reservations policies violate the ADA. Mr. Gastelum and Ms. Brooke are represented by Peter Strojnik and Peter K. Strojnik, a father and son duo who have filed more than 2300 ADA lawsuits in the last 24 months.
In their lawsuits, Mr. Gastelum and Ms. Brooke allege that they were unable to reserve wheelchair accessible rooms using the hotels’ online reservation platform. They allege that this is a violation of a regulation published by the Department of Justice.   

28 CFR § 36.302(e)(1) provides that public accommodations that operate a place of public lodging must modify their policies to ensure that individuals with disabilities can make reservations for accessible guest rooms during the same hours and in the same manner as individuals who do not need accessible rooms. This regulation went into effect on March 15, 2012.

There is very little case law interpreting § 36.302(e), but Mr. Gastelum and Ms. Brooke allege that the regulation is unambiguous—if a hotel allows online room reservations, it must also allow persons with disabilities to reserve accessible rooms online. The same goes for reservations made over the phone, in person, etc.

While most ADA accessibility cases against brick-and-mortar locations require the plaintiff to personally visit the premises, these lawsuits are different.  The alleged violations occurred online, thus, Mr. Gastelum and Ms. Brooke will argue they don’t even have to leave their homes to gain standing to sue.

There are a number of legal defenses still available for hotels sued under § 36.302(e)(1), and we recommend that a hotel facing (or hoping to avoid) a lawsuit brought by Mr. Gastelum or Ms. Brooke consult with an experienced ADA defense attorney. 


Lindsay Leavitt is a business litigation attorney who has defended hundreds of businesses and commercial landlords in lawsuits arising under the ADA. He also regularly assists businesses with ADA compliance matters and provides advice on preventive measures.
Contact: lleavitt@jsslaw.com, 602.262.5825.