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Federal Court Stops Serial Americans with Disabilities Act (ADA) Plaintiff's Latest Effort: Payne v. Chapel Hill North Properties
June 30, 2013
Source: The National Law Review
Poyner Spruill attorneys Nick Ellis and Kevin Ceglowski filed a Motion to Dismiss the case and a supporting brief for CHNP arguing that the court did not have subject matter jurisdiction because Payne lacked standing to proceed. Payne was seeking injunctive relief, requesting CHNP to remedy the alleged ADA violations. In order to seek injunctive relief, a plaintiff must have constitutional standing to proceed with the lawsuit, which depends on showing a likelihood of future harm from the alleged violations.
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