Disney wins First DAS ADA Discrimination Lawsuit

jcb

always emerging from hibernation
Joined
Apr 28, 2007
And, just like that, the court of appeals reinstates the familes' appeal. The families' lawyer claimed not to have received any of the prior notices because the notice of appearance they filed had the email address - the firm's domain name was wrong.

To be clear, an attorney in the firm prepared or signed off on a simple 1 page form but did not notice that email address for the attorneys on that notice used the correct domain name.

That inspires a lot of confidence. At least the firm is consistent, having missed several key deadlines in the trial court without providing a good reason.

I'm not saying the court of appeals was wrong - they prefer not to dismiss appeals on technical grounds - I just get tired of spending nights and weekends working so I don't miss a deadline (I worked all day today when I had planned on taking most of today off) and then seeing other lawyers get away with missing deadlines by offering only the most flimsy of reasons.
 

OKW Lover

Retired and living 2 miles from The Castle.
DIS Lifetime Sponsor
Joined
Apr 29, 2004
The families' lawyer claimed not to have received any of the prior notices because the notice of appearance they filed had the email address - the firm's domain name was wrong.
Wow. Just wow. If they had the address wrong on the service list, wouldn't somebody at the firm have realized they hadn't been receiving the normal notices throughout the process?
 

jcb

always emerging from hibernation
Joined
Apr 28, 2007
You would think. You'd also wonder why any organization would change email domains and not have emails to the old domain forwarded or routed to the new domain. Courts routinely hold not getting court emails is not a good excuse because counsel have a duty to monitor the court's docket. I have several RSS feeds set up to do that. That's how I follow the Disney litigation in California and Florida.
 

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