Judge dismisses San Mateo ADA lawsuit; latest setback for serial filer Brian Whitaker

6/29/2022 12:37:00 AM

The hits keep on coming for Brian Whitaker, a serial filer of lawsuits against small businesses under the Americans with Disabilities Act.

The hits keep on coming for Brian Whitaker, a serial filer of lawsuits against small businesses under the Americans with Disabilities Act.

The hits keep on coming for Brian Whitaker, a serial filer of lawsuits against small businesses under the Americans with Disabilities Act.

On Monday, U.Updated 4 hours ago Brian Dawkins’ pregame ritual left a long-lasting imprint on the Eagles fan base.HOW THE JOHNNY DEPP VERDICT COULD IMPACT PETITO FAMILY'S LAWSUIT AGAINST BRIAN LAUNDRIE'S PARENTS John Kelly, a criminal profiler and psychotherapist who has interviewed a number of murderers, said the note "galls" him and that he believes it shows Laundrie had exhibited signs of extremely narcissistic personality disorder and sociopathic disorder.and its associated digital token luna.

S.District Court Judge Yvonne Gonzalez Rogers dismissed Whitaker's suit against Salah R.The safety’s furious spirit caught the attention of players, fans and the media, who compared him to a leopard or a lion searching for their prey — or, in this case, a wide receiver or quarterback.Salah, the owner of Deja Vu Juice Bar in San Mateo.Petito's phone was not destroyed by water damage – the FBI said in January that Laundrie allegedly used it to send fake texts in an attempt to cover up the killing.She found that Whitaker did not plausibly allege that he intended to return to the juice bar when the alleged barrier to accessibility -- tables without sufficient clearance for a wheelchair -- was remediated.“I was a huge fan of Wolverine,” Dawkins said.An intent to return is an essential component of"standing" to assert an ADA claim in federal court."Like at the beginning of the internet, you were having lots of dotcom companies and lots of them were scams, and were not bringing any value and all that got cleared.

Without standing, a federal court has no jurisdiction to hear a case and must dismiss.That kind of animal-like instinct." "He writes this farcical tale about her falling down and getting injured while crossing Spread Creek, and describes how he couldn't leave her behind," Jensen said.The order represents another setback for Whitaker, one of many in the last few months, as well as his lawyers, the San Diego law firm Potter Handy LLP.In dismissing the case, Rogers gave Whitaker leave to amend his complaint to try to cure the jurisdictional defect.Growing up Dawkins was infatuated with the X-Man series.While giving a plaintiff an opportunity to fix a defective complaint is common in federal court, Rogers' order imposed a series of unusual conditions upon Whitaker and his Potter Handy lawyers if they attempt to go that route.’"."Given the substantial allegations raised against plaintiff and his firm concerning a potential fraud on the courts," she wrote, if Whitaker elects to amend the complaint he must submit declaration under penalty of perjury that substantiates his intent to return.Becoming Weapon X in his NFL career gave Dawkins a chance to live out his childhood imagination.Bitcoin is down more than 56% year-to-date.

Potter Handy must submit its own declaration describing how it"ensured" that Whitaker intends to return.The order follows a wide-ranging evidentiary hearing in which the court explored"the factual and legal underpinnings of ADA cases brought by plaintiff and the Potter Handy law firm throughout this District.“You just think he’s a cartoon character, but it lets you see an individual that has a lot of flaws to it." She found that Whitaker had previously"admitted to having no plan to support his return to the thousands of establishments that he has sued to date.Counsel conceded that Whitaker's plan was previously insufficient.“But at the same time, when it’s time to fight, you’ve wanted him on your side, because he’s never gonna hold back." Based on those concessions, she ordered the case dismissed."The value of the network is what drives the value of the token," he added.

The backdrop to the hearing was a series of matters that have put Potter Handy and several of its clients, including Whitaker, at the center of a brewing controversy over ADA litigation in the Bay Area: First, there has been an explosion in ADA filings in the U.” When Dawkins transformed into Weapon X, his mind would go numb, releasing a part of his personality nobody had seen.S.District Court for the Northern District of California.His game day behavior carried over into other aspects of his life.According an analysis by Bay City News, in 2021 ADA filings in the district tripled compared to 2020.Total ADA filings in 2021 amounted to more than 25 percent of all new cases in the district that year.In Dawkins’ Hall of Fame speech in 2018, he told the crowd there’s a purpose for his pain.Disclosure: NBCUniversal News Group is the media partner of the Aspen Ideas Festival.

Potter Handy filed 85 percent of those cases.Second, on April 11, the district attorneys of San Francisco and Los Angeles filed an unusual joint civil lawsuit against Potter Handy and 15 of its lawyers, including its two name partners.“When you see me crawling like that, you see me acting a fool, that’s some of the energy I let out from being bottled up, the chip on my shoulder,” Dawkins said.The suit alleged that Potter Handy knowingly used false testimony from its clients to manufacture legal standing to bring suits in federal court in order to avoid the more expensive and difficult rules that applied in state court.(Potter Handy says the complaint was brought for political reasons.Dawkins accomplished feats he didn’t expect, like being the first NFL player in history to record a sack, interception, fumble recovery, and a touchdown reception in the same game.The firm disputes the allegations and has moved to dismiss the complaint.

) Third, several federal judges held hearings in individual Potter Handy ADA cases to consider, among other things, whether the plaintiff's alleged intent to return was genuine.“I didn’t know a whole lot about what I was doing when I was growing up, but even into my young adult years, and as I’ve gotten older, I recognize that many of the things that I’ve gone on to do with my life have come from my imagination.After hearing the evidence in one case from Redwood City, U.S.Fans were heartbroken when the nine time Pro Bowler announced his retirement in 2012.District Judge Jacqueline Scott Corley found that Whitaker's testimony on the issue was"not credible." In another, U.Dawkins described the Wolverine character as a blunt hard worker who is outgoing but can at times be a loner.

S.District Judge Vince Chhabria concluded"There is little doubt that Whitaker had no intention of returning to the shop when he filed his lawsuit, and there is good reason to think that he lied under oath about this issue (and perhaps others) at the evidentiary hearing.“There’s a lot of him that absolutely fits Philadelphia,” Dawkins said." Against that background, Rogers scheduled hearings in five Potter Handy cases for hearing on the same day.After hearing the evidence and dismissing the complaint in the Salah case, she imposed special conditions if plaintiff decides to submit an amended complaint.” Even though he doesn’t bear crawl onto the field or jump over offensive lineman anymore, Dawkins wants the Weapon X moniker to sick with him for the rest of his life.Rogers not only required that an amended complaint be accompanied by declarations from Whitaker and his counsel under penalty of perjury, she went on to require Potter Handy to submit a"chart of all of their client's cases that have been filed in federal and state court across the country that contain allegations that barriers were encountered" in November 2021, the month when Whitaker visited the juice bar.

The purpose of the chart appears to be to gather the information needed to place Whitaker's individual lawsuit in context with all the other lawsuits he filed in the same timeframe so the credibility of his allegations about visiting the locations and intending to return can be readily explored through additional jurisdictional discovery.“That’ll forever be how people see me, so I’m kind of attacking life with that same ferocity on this side of retirement.Ara Sahelian, counsel for Salah, said that in his opinion,"The chances that they will amend the complaint are low.They will avoid, at all cost, providing the information sought by Judge Rogers." Potter Handy's ADA litigation practice, according to the allegations in the district attorneys' case, involves a lot of money.The district attorneys say the firm settles its cases for between $10,000 and $20,000 on average.

The district attorneys are seeking refunds to parties who settled in the last four years.The Bay City News analysis found that at least 5,942 Potter Handy ADA law suits in California were resolved in that time frame.While some of the cases were dismissed, most were settled.If the lower end of the district attorneys estimate were to be used as an order-of-magnitude estimate, the firm's refund exposure would approach $60 million.A hearing on Potter Handy's motion to dismiss the district attorneys' lawsuit is scheduled in San Francisco Superior Court on July 7.

The law firm argues that the complaint is invalid on First Amendment grounds as well as California's"legislative privilege" for statements made in connection with court proceedings.Kate Chatfield, chief of staff to San Francisco's outgoing district attorney Chesa Boudin, said that in her opinion, the motion to dismiss is"ridiculous" and that"we look forward to the state court hearing 1/8on 3/8 our case on the merits and providing relief to the thousands of small businesses across California who have been taken advantage of for years by this predatory firm." Dennis Price, the Potter Handy partner who represented Whitaker at the Salah hearing, disputed the idea that Whitaker did not have proper standing.He said that Whitaker had standing within the boundaries established by controlling case law and the firm is already pursuing that issue on appeal in another case.He said that the controlling case law"is being ignored by these judges looking to clear their dockets.

..We are sympathetic to the concern that the judiciary is understaffed, but their solution is with Congress and the President, not scapegoating our clients in violation of Ninth Circuit precedent." In: First published on June 28, 2022 / 2:12 PM © 2022 CBS Broadcasting Inc.All Rights Reserved.

Bay City News Service contributed to this report.Thanks for reading CBS NEWS.Create your free account or log in for more features.Please enter email address to continue Please enter valid email address to continue.

Read more:
KPIX 5 »
Loading news...
Failed to load news.

Quite amazing actually. I wanted to file a legitimate ADA lawsuit against a San Francisco city run agency. Two attorney firms agreed I had a case but didn’t think I would win based on ‘protections’ said agency had in place, courtesy of 9th Circuit Court, that covered their arses! The ‘boy’ who cried wolf!

Don't hate the player hate the game. Revise the ADA laws

‘That’ll forever be how people see me’: Brian Dawkins embodies Weapon XAfter 16 years in the NFL — 13 with the Eagles and three with the Denver Broncos — BrianDawkins is collaborating with Marvel. For the first time, Weapon X shares the cover with Wolverine in a limited edition series created by artist Carlos Pacheco. BrianDawkins Meh 🫤.. could’ve actually made him Wolverine

Gabby Petito's mother slams Brian Laundrie's notebook confession: 'Truth will be revealed'Gabby Petito's mother says she's 'fed up' and that the 'truth will be revealed,' days after the release of Brian Laundrie's notebook confession where he admitted to killing Gabby.

Crypto Is Not Replacing the U.S. Dollar, Bitfury CEO Brian Brooks SaysCrypto assets that have prices should be viewed more like internet stocks than currency, said Brian Brooks, the former U.S. Acting Comptroller of the Currency.

Brian Laundrie's notebook confession: Experts weigh in on killer's claims about how he murdered Gabby PetitoBrian Laundrie framed his strangulation of Gabby Petito as an act of mercy and an 'unexpected tragedy' in a shocking, handwritten confession discovered near his remains in October and just unveiled Friday. Experts moved quick to dissect his story.

Brian Kilmeade Becomes Latest Fox Host To Rip Trump Over Baseless Election Claims'How you lose defines who you are,' Kilmeade said. better than a stab in the eye by Jim Jordan,,, 😂😂😂 Turns out Fox has as much loyalty to Donald Trump as Donald Trump has to everybody else on the planet.

Judge fast-tracks lawsuit over Utah's transgender athletes banA judge is moving quickly to decide a lawsuit over Utah's ban on transgender children playing school sports that match their gender identities. Hey I’m blocked from your Facebook page and I’m trying to figure out why