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  1. #1
    Join Date
    Aug 2009
    Posts
    1

    Default Negligent Misrepresentation ADA

    My question involves malpractice by a lawyer in the state of PA: From a referral, I hired a firm to represent me for a moderate case in my local Court of Common Pleas for wrongful termination. There would be no arbitration here due the case value being above that level. My contract calls for state court. I have a visual impairment that may come under ADA for disability and the firm was going to accommodate me by coming here. Otherwise I would have hired a local firm…… The firm filed twice for arbitration without my consent in a different venue. ( I can document this) After the first time they stated they could not move the case back into my venue, but would now move my case into court in their venue to cut down on my trips. Then, when doing this, they put a higher number on the case than they new it was worth, and due to diversity the case was moved to federal court by the defendants. My lawyers filed for arbitration, for the second time without my consent even though I told the firm I wanted a remand. Thy refuse now to give me a remand without limiting their liability and can only put the case into state court in their venue . I can document all of this. I cannot make all of these trips due to the travel time, lost work which is directly tied into my vision problem…… So, this firm offered accommodations to come to my area ( and they have been in this area before )and then denied me those accommodations in order to get the contract. My case is unusual and they intend to gamble to get a federal precedent and want to go to the circuti court which will boost their careers and then force me to try to settle out low if they win or after the motion dismiss because of my vision problem and travel. They also will not have court litigation costs this way. I think they breeched the contract and acted in their own best interest but I also believe they may have violated discrimination laws including ADA title III by offering and then revoking the accomodation thus limiting my ability to have access to the court system. I cannot afford an appeals attorney for federal court to remedy this and never authorized this to be in federal court. They wanted the case and not the client. Any suggestions are welcomed.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Negligent Misrepresentation ADA

    How about switching law firms.

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