Welcome!

Welcome to my new blog, where I plan to post Notes and Comments about the law.

My first today pertains to a case, originally written about in the AmLaw Litigation Daily, that exemplifies my approach to litigation.

The Plaintiff, Bonnie Kramer, claimed to have visited several establishments to find ADA violations. As reflected in the trial court's order granting summary judgment, the defendant masterfully and thoroughly used the tools of discovery and investigation to refute many of Plaintiff's factual claims. Specifically, the Defendant:

• Obtained certified records from the transit authority proving that Kramer had not used the bus to get to the store as she had claimed in her deposition; and
• Submitted an affidavit from the property owner establishing that the store was not open on the day Kramer claimed to have visited;

Kramer then submitted a supplemental affidavit to "correct" the deposition, and an undated receipt which she had not previously produced in response to discovery requests. Thanks to the defendant's hard work, the Court rejected both.

Well done!