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

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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.

~JSS~

Contact:  Dawn O. Anderson  |  danderson@jsslaw.com   |  602.495.2806

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. 

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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.

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Hotels Sued For Violating ADA Online Reservation Policies

ADA plaintiffs have often targeted the hotel industry and Theresa Brooke’s latest round of lawsuits is no different. This time, she is suing hotels over their online reservation policies.

The Department of Justice issued regulations relating to hotel reservation policies that went into effect in March 2012. 28 CFR § 26.302(e) provides that, among other things, hotels must:

 -      modify their policies and practices to allow individuals with disabilities the opportunity to reserve accessible rooms in the same manner as individuals who do not need accessible rooms;

-       describe accessible features in the guest rooms so persons with disabilities can determine whether it meets their accessibility needs;

-       ensure that accessible guest rooms are held for persons with disabilities until all other guest rooms of that type have been rented; and

-       reserve, upon request, accessible guest rooms.

Theresa Brooke’s lawsuits allege that she was not able to reserve accessible rooms while using the defendant hotels’ online reservation platform.

It appears that, until now, only a handful of “online reservation” lawsuits have been filed by plaintiffs over the years. Mrs. Brooke’s lawsuits are unique because she is an Arizona resident filing suit against Denver-area hotels in the U.S. District Court of Arizona.

If she is successful in getting the federal court in Arizona to exercise jurisdiction over out-of-state hotels, it is possible that Theresa Brooke—who has sued more than 550 hotels over the last 24 months—could file suit against thousands of hotels across the country without ever leaving Arizona.

While the Arizona legislature recently enacted tough legislation in an attempt to curb serial ADA litigants, that legislation only affects litigants who are asserting claims under the Arizonans with Disabilities Act (AzDA). Theresa Brooke isn’t bringing AzDA claims; she is choosing to litigate in federal court under the ADA so she is beyond the reach of state law.

A hotel facing a Theresa Brooke lawsuit should do is consult with an experienced and knowledgeable ADA defense attorney. Jennings Strouss has defended dozens of hotels in ADA lawsuits and regularly advises the hospitality industry on ADA compliance measures. 

____________________________________________________________________

Mr. Leavitt represents and advises small and mid-size businesses in employment, landlord/tenant, and general litigation matters. He often serves as a de facto general counsel to business owners, providing practical advice on a variety of legal issues.

Mr. Leavitt's appreciation for small businesses is due, in part, to his own family's entrepreneurialism. His father, brother and wife are all small business owners, providing him with first-hand knowledge of the issues small businesses face, enabling him to better provide clients with real-world and cost-effective solutions. Mr. Leavitt also serves as Chair of the firm’s Food, Beverage, and Hospitality industry group.

Mr. Leavitt can be reached at  602.262.5825 or lleavitt@jsslaw.com.

ADA Plaintiff Theresa Brooke Sues Hotels Over Online Reservation Policies

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

Theresa Brooke has returned to Arizona and has found a new way to sue hotels for ADA violations. Arizona hotel owners will remember Theresa Brooke—in 2015 she sued more than 125 of them for failing to install wheelchair accessible pool lifts.

Theresa Brooke, an Arizona resident, is now filing lawsuits in the U.S. District Court of Arizona against out-of-state hotels alleging that their online reservation policies violate the ADA. More specifically, she claims that as a disabled woman she should be able to reserve a wheelchair accessible room online.

Federal regulations require public accommodations that operate a place of lodging to 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. See 28 CFR § 36.302(e)(1)(i). This regulation went into effect on March 15, 2012.

Theresa Brooke’s lawsuits demand that the hotels fix the alleged violation and pay her attorney’s fees.

Are there any legal defenses to her claims? Definitely. Many defendants in ADA cases have opted to quickly remedy the alleged violation(s) and then file a Motion to Dismiss alleging the claims are moot—there is no ongoing “case or controversy” if the alleged violation has been resolved.

The first thing a hotel facing a Theresa Brooke lawsuit should do is consult with a knowledgeable and experienced ADA defense attorney. Jennings Strouss has defended more than 275 hotels, commercial landlords and businesses of all size in ADA accessibility lawsuits over the past couple of years. We are available to discuss your lawsuit and/or preventative measures your hotel can take to avoid becoming Theresa Brooke’s next lawsuit.

____________________________________________________________________

Mr. Leavitt represents and advises small and mid-size businesses in employment, landlord/tenant, and general litigation matters. He often serves as a de facto general counsel to business owners, providing practical advice on a variety of legal issues.

Mr. Leavitt's appreciation for small businesses is due, in part, to his own family's entrepreneurialism. His father, brother and wife are all small business owners, providing him with first-hand knowledge of the issues small businesses face, enabling him to better provide clients with real-world and cost-effective solutions. Mr. Leavitt also serves as Chair of the firm’s Food, Beverage, and Hospitality industry group.

Mr. Leavitt can be reached at  602.262.5825 or lleavitt@jsslaw.com.

Serial ADA Plaintiff Theresa Brooke Returns to Arizona

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

Serial plaintiff Theresa Brooke is back in Arizona filing more ADA accessibility lawsuits. Arizona hotel owners will remember that it was Theresa Brooke who, in 2015, opened the floodgates of accessibility lawsuits—she personally sued more than 100 hotels for failing to install wheelchair accessible pool lifts. For the past eighteen months she and her counsel, Peter K. Strojnik, have been touring California filing hundreds of “pool lift” lawsuits. She ran into problems, however, when California courts questioned her standing to file her lawsuits because she never actually visited the hotels (and therefore did not personally encounter the barriers to accessibility).

With her latest set of ADA lawsuits, Theresa Brooke attempts to get around the standing requirements by alleging that the websites of the defendant hotels (all based in the Denver area) do not allow her to reserve wheelchair accessible rooms online. This is a novel argument—and, if successful, could theoretically allow Theresa Brooke to sue hotels all across the country without personally visiting any of them. Theresa Brooke’s lawsuits are also unique because website accessibility lawsuits are typically brought by a person with visual or hearing impairments. Theresa Brooke has neither.

Theresa Brooke’s first-of-its-kind lawsuits raise a number of legal issues. For example, does the U.S. District Court of Arizona have specific personal jurisdiction over these Denver-area hotels? Courts have generally declined to assert personal jurisdiction solely on the basis of web advertising and instead look to see whether the defendants have more active contacts with a forum.

Regarding the substance of her allegations, whether websites are places of “public accommodation” for ADA purposes is a hot topic right now and courts within the Ninth Circuit have issued rulings on both sides of the argument.  Theresa Brooke’s lawsuits, however, raise a more narrow issue—she is able to access the hotel websites, but allegedly cannot reserve a wheelchair accessible room on the website. As someone who has defended more than 300 ADA lawsuits over the past 24 months—including more than two dozen filed by Theresa Brooke—this is a unique issue and one that I haven’t seen addressed by any court. That being said, the usual ADA defenses of standing, mootness, etc., will still apply to these cases and could be successful.

Accordingly, the first step a business defendant should do after receiving a lawsuit from Ms. Brooke is to contact a capable and experienced ADA defense attorney.   

____________________________________________________________________

Mr. Leavitt represents and advises small and mid-size businesses in employment, landlord/tenant, and general litigation matters. He often serves as a de facto general counsel to business owners, providing practical advice on a variety of legal issues.

Mr. Leavitt's appreciation for small businesses is due, in part, to his own family's entrepreneurialism. His father, brother and wife are all small business owners, providing him with first-hand knowledge of the issues small businesses face, enabling him to better provide clients with real-world and cost-effective solutions. Mr. Leavitt also serves as Chair of the firm’s Food, Beverage, and Hospitality industry group.

Mr. Leavitt can be reached at  602.262.5825 or lleavitt@jsslaw.com.