More families of autistic kids sue Disney parks

[1023]

You can't punish someone just because they are suing you. This would be especially wrong, since Disney is being sued for allegedly being in violation of the ADA. There's nothing wrong with a lawsuit. Litigation is extremely expensive for both sides. If Disney comes out on top, it will deter future would-be claimants from filing suit (however, it won't stop everyone).
Disney has money. They've been the target of lawsuits since forever. That is not likely to change.

So, the plaintiff in these cases are funding their litigation with their own money? Unlikely...

*1023*

 

[Bairstow]

So, the plaintiff in these cases are funding their litigation with their own money? Unlikely...

*1023*

No, it's highly likely.

I can't imagine that the plaintiffs attorneys took this case on pure contingency without any agreement that the plaintiffs would cover "reasonable costs" related to the investigation in the event of non-recovery.

 

[arko]

I remember the days where anyone in a wheelchair was admitted to a separate handicapped entrance.

the reason for that was because the regular queues did not accommodate wheelchairs. Many queues have been updated and so there is no reason for them to have to use one. On the rides where queues do not accommodate wheelchairs they still use a separate handicapped entrance.

 

[ToInfinityAndBeyond]

So, the plaintiff in these cases are funding their litigation with their own money? Unlikely...

*1023*

Extremely unlikely. Most of the time, these lawyers take these cases on a contingency basis and won't charge their fees unless there is a settlement or award. If lawyers are not making money on these cases, then fewer will be filed.

 

[ToInfinityAndBeyond]

No, it's highly likely.

I can't imagine that the plaintiffs attorneys took this case on pure contingency without any agreement that the plaintiffs would cover "reasonable costs" related to the investigation in the event of non-recovery.

Nah, it's the other way around. If the attorneys aren't making money on the cases, they aren't going to be hunting for people to represent. And I promise you that is how this is going down. It's not people actively seeking restitution from Disney, it's attorneys looking for cases.

 

[1023]

No, it's highly likely.

I can't imagine that the plaintiffs attorneys took this case on pure contingency without any agreement that the plaintiffs would cover "reasonable costs" related to the investigation in the event of non-recovery.

If the plaintiffs concerns were a true ADA violation complaint, they would have filed with the DOJ. The DOJ then elects to pursue several courses of action;

Option 1: Discrimination cases are often handled and taken up by a mediation program.
Option 2: Referring the case to the United States Attorney General for investigation.
Option 3: Refering the complaint to another federal agency designated to resolve the issue.
Option 4: Directly investigating the issue.
Option 5: Considering the complaint for litigation by the DOJ.

While I paraphrased a bit, if you would like to review this information it can be found at http://www.ada.gov/filing_complaint.htm

The action of filing this complaint can be done by anyone with no attorney required. I fortunately haven't been past the mediation stage of the process. I assure you that, any type of discrimination case (ADA, Race,Religion etc...) is no fun to be on either side of. If the complaint was filed in this way, we should be reading news by now about the DOJ taking Disney to the FunHouse.

I can assure you anecdotally, I have been on both sides of cases similar to these. The reasons for taking up such a case in this manner by an attorney is financial gain in some form. Some, if not many, will have no out of pocket costs (regardless of the lawyers pay day hopes). This is a cash grab (mostly by attorney's I am sure). If not, where is the DOJ? This has been a complaint since the new program started. This would be a Bellwether for the entire theme park industry.They should be knocking on the door and crowing about their pursuit of the evil Disney Company.

Perhaps this happened and I missed it. When I am done working today, I will go spelunking for anything on this subject.

*1023*

 

[ULPO46]

As I said the last time Parents were suing Disney, It has and will continue to be a ridiculous statement. I have no opinion on the subject but when parents are just demanding monetary contributions just because their kid can't wait in line, they are ruining the Disney "EXPERIENCE" for everyone.

 

[Weather_Lady]

Interesting Blog series with a legal perspective on this suit.

Here & Now (Prologue): The question of Autism In Amusement Park Under the ADA

Here & Now (Pt.1): Is Immediate Ride Boarding For Autistic Guests Really Necessary?

Here & Now (Pt.2): Is Immediate, On-Demand Ride Access For Autistic Guest Reasonable?

Here & Now (Pt.3): Isn't Standing In Line An Essential Rule of the Park ... Even for Autistic Guests?

Thank you for posting this. Part 3 is the portion that really gets my attention, and summarizes in simple, practical terms exactly why I (also a lawyer with 15 years of experience in the field of federal discrimination law) don't see the lawsuits prevailing.

 

[Weather_Lady]

Nah, it's the other way around. If the attorneys aren't making money on the cases, they aren't going to be hunting for people to represent. And I promise you that is how this is going down. It's not people actively seeking restitution from Disney, it's attorneys looking for cases.

I think the lawyers are simply looking for what we call "nuisance settlements" -- that is, where a defendant realizes it will cost more to defend a lawsuit than to settle it, and is willing to throw some money at plaintiffs (even knowing that the plaintiffs couldn't ultimately prevail on the merits) just to make the lawsuit go away, because it makes the best sense economically. It's sad, but there are attorneys who build their entire practice around taking any client that walks through their door, and pursuing even the most frivolous cases, knowing that a few nuisance settlements per year are worth as much as (or more than) a bona fide "win."

 

[bethymouse]

the reason for that was because the regular queues did not accommodate wheelchairs. Many queues have been updated and so there is no reason for them to have to use one. On the rides where queues do not accommodate wheelchairs they still use a separate handicapped entrance.

My Dad's ECV cart turned over when he was going around the corner in the Winnie the Pooh ride queue.

 

[Goofyernmost]

So, the plaintiff in these cases are funding their litigation with their own money? Unlikely...

*1023*

Who would be funding it? Why?

Never mind... you did answer that after I posted this. I am not sure why a lawyer would take a case like this with no promise of profiting from it, but, stranger things have happened.

 

[ToInfinityAndBeyond]

I think the lawyers are simply looking for what we call "nuisance settlements" -- that is, where a defendant realizes it will cost more to defend a lawsuit than to settle it, and is willing to throw some money at plaintiffs (even knowing that the plaintiffs couldn't ultimately prevail on the merits) just to make the lawsuit go away, because it makes the best sense economically. It's sad, but there are attorneys who build their entire practice around taking any client that walks through their door, and pursuing even the most frivolous cases, knowing that a few nuisance settlements per year are worth as much as (or more than) a bona fide "win."

I work in insurance, so this is my life. You literally described what I have to deal with every day.

 

[ToInfinityAndBeyond]

Who would be funding it? Why?

The attorneys at their own expense. @Weather_Lady described it pretty well in her post above.

 

[Goofyernmost]

I work in insurance, so this is my life. You literally described what I have to deal with every day.

Logically, it seem stupid. Over time they spend more on nuisance settlement then they would on one positive outcome trial. Paying those only foster more of them from people looking to make easy money from deep pockets. I guess they know what they are doing and it might work in an area that wasn't as public as Disney, then most would not know about it. All it seems like for Disney to settle is that they are admitting that the plaintiff is correct so why wait, play a small amount now and get it done. Then when others feel they have a way to get into those pockets feel that Disney is an easy touch and they go for it with equally excited lawyers. I realize I'm old now, but, feel that the true strength of conviction comes from taking a stand not collapsing into a quivering heap.

 

[ToInfinityAndBeyond]

Logically, it seem stupid. Over time they spend more on nuisance settlement then they would on one positive outcome trial. Paying those only foster more of them from people looking to make easy money from deep pockets. I guess they know what they are doing and it might work in an area that wasn't as public as Disney, most would not know about it. All it seems like for Disney to settle is that they are admitting that the plaintiff is correct so why wait, play a small amount now and get it done. Then when others feel they have a way to get into those pockets feel that Disney is an easy touch and they go for it with equally excited lawyers. I realize I'm old now, but, feel that the true strength of conviction comes from taking a stand not collapsing into a quivering heap.

Usually, settlements like these are made with non-disclosure agreements, so you really don't know who "won" in the end. The main reason why litigation is expensive is because attorneys are expensive and litigation takes time. In cases like these, the attorneys are not losing money. They're happy to get 20-30% of what someone is getting in a settlement. It's what pays the bills (for the yacht).

 

[Bairstow]

Extremely unlikely. Most of the time, these lawyers take these cases on a contingency basis and won't charge their fees unless there is a settlement or award. If lawyers are not making money on these cases, then fewer will be filed.

Fees are calculated separately from "costs," and so far these suits are not being filed as class-action.

 

[PhotoDave219]

If the plaintiffs concerns were a true ADA violation complaint, they would have filed with the DOJ. The DOJ then elects to pursue several courses of action;

Option 1: Discrimination cases are often handled and taken up by a mediation program.
Option 2: Referring the case to the United States Attorney General for investigation.
Option 3: Refering the complaint to another federal agency designated to resolve the issue.
Option 4: Directly investigating the issue.
Option 5: Considering the complaint for litigation by the DOJ.

While I paraphrased a bit, if you would like to review this information it can be found at http://www.ada.gov/filing_complaint.htm

The action of filing this complaint can be done by anyone with no attorney required. I fortunately haven't been past the mediation stage of the process. I assure you that, any type of discrimination case (ADA, Race,Religion etc...) is no fun to be on either side of. If the complaint was filed in this way, we should be reading news by now about the DOJ taking Disney to the FunHouse.

I can assure you anecdotally, I have been on both sides of cases similar to these. The reasons for taking up such a case in this manner by an attorney is financial gain in some form. Some, if not many, will have no out of pocket costs (regardless of the lawyers pay day hopes). This is a cash grab (mostly by attorney's I am sure). If not, where is the DOJ? This has been a complaint since the new program started. This would be a Bellwether for the entire theme park industry.They should be knocking on the door and crowing about their pursuit of the evil Disney Company.

Perhaps this happened and I missed it. When I am done working today, I will go spelunking for anything on this subject.

*1023*

So essentially this is just people insisting that they get FOTL treatment?

 

[arko]

My Dad's ECV cart turned over when he was going around the corner in the Winnie the Pooh ride queue.

ECV's are supposed to transfer to a wheelchair in that queue
https://disneyworld.disney.go.com/plain-text/magic-kingdom/

 

[PhotoDave219]

Fees are calculated separately from "costs," and so far these suits are not being filed as class-action.

They attempted to have them certified as a Class-Action, Disney opposed and the Federal Courts agreed.

Then Disney moved for a change of venue and the cases were transferred to Federal Court, Orlando District.

Someone else pointed above that by filing in California State Court and not suing under ADA, the plaintiffs will attempt to get class-action status recognized.

I feel that Disney's first move will be to get these cases transferred to Federal Court and then transferred to Orlando, claiming that they are essentially the same as the 40+ cases pending there.

 

[1023]

So essentially this is just people insisting that they get FOTL treatment?

...and money...don't forget the money.

*1023*