AI Article Synopsis

  • This article highlights the urgent need for reforms to the ADA (Americans with Disabilities Act) to tackle the issue of vexatious litigation and ensure the Act's original goals are fulfilled.
  • Part I discusses the problem of vexatious litigation and how it exploits the ADA's provisions, while Part II gives an overview of the ADA's aim to enhance accessibility for individuals with disabilities and how certain aspects may unintentionally encourage such litigation.
  • Part III reviews the judiciary’s responses to this issue, including sanctions to curb abuse, and Part IV proposes specific reforms and corrective measures to improve ADA and state disability laws, ultimately promoting true equality for individuals with disabilities.

Article Abstract

This Article addresses the need to reform the ADA to prevent vexatious litigation and to promote the underlying goals of the Act. Part I of this Article introduces the topic of vexatious litigation and the importance of remedying the effects of exploitation of the ADA. Part II provides an overview of the ADA and its efforts to increase accessibility to individuals with disabilities, emphasizing the provisions of the Act that create incentives to engage in vexatious litigation. Part III examines and analyzes the judiciary's response to vexatious litigation under the ADA, and sanctions that have been issued to limit exploitation. Finally, Part IV provides recommendations to reform the ADA and state disability law counterparts, suggests corrective actions to address vexatious litigation, and identifies methods to promote equality for individuals with disabilities.

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