Comments: Feeling Extorted? Mr. Molski's Serial ADA Litigation and Why We Settle

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Don  , 38.000000 IN   08/16/10
Whining law breakers
Why do you think it is ok for businesses to disregtard federal mandates? A business license, a professional license, a law degree, teaching cdredential, insurances, labor burden AND ADA compliance are all part of being in business, We do not have a choice to choose what business law to abide by and what to not abide by.

Vickie Pynchon, Los Angeles CA   08/12/09
Drew, I understand and I'm sorry that the civil "justice" system sometimes feels more like injustice. And I'm MOST sorry that you feel you've been unfairly treated by mediators. In this instance, the defense attorney himself indicated that his client had no good defense to the litigation. I have heard from many others who defend these lawsuits that this particular defense attorney was wrong. Unfortunately, the "neutral" - whether he or she be a judge or an arbitrator or a mediator - cannot "take sides" and cannot "advise" a party that their attorney is wrong. It is also not the neutral's job to make sure "justice" is done or to decide that one party is "right" and the other "wrong." For all I knew, the man in the wheelchair had literally sought out lodging in each one of these motels and observed from the street that they were not built to accommodate him. In this case, I believed what defense counsel told me about the weakness of his client's case and tried to help the defendant make a wise business decision under those circumstances, i.e., to settle the case for less than the cost of trial + a probable judgment. The only way to "win" in the civil justice system is not to play the game at all. I continue to believe that good hearted men and women try to make their clients' lives better and their clients' businesses more productive on a daily basis. I understand, however, that there are those who vehemently disagree and I would not argue the point with them. I will simply continue to try to help people make reasonable business decisions when caught in the "justice" system.

Drew , Riverside ca   08/12/09
Law as art.
I disagree with this deeply as do a growing number of americans. I was a victim of "legalized extortion" in a construction defect lawsuit that, by all accounts (including the mediators), I could have pursued into malicious process had I had the resources to do so. Truly, the civil law industry (and it is an industry) in this country is set up quite beautifully. To have developed a system of business, disguise it as justice, target a market that can pay enough to allow for profit but not enough to fight (high margins, low risk)is amazing. But to then convince a defendant that they should apologize, with money, for something they had no previous knowledge of - is simply an art. I wish I would have thought it up.