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Article: 9th Circuit: ADA preempts award of attorney fees under state law
- Article from:
- Lawyers USA
- Article date:
- July 14, 2008
CopyrightCopyright 2008 Lawyers USA. Provided by ProQuest LLC. (Hide copyright information)
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A restaurant that prevailed in a disability discrimination action
isn't entitled to an award of attorney fees under state law, the 9th
Circuit has ruled in reversing a fee award. Two disabled plaintiffs
sued the restaurant under both the Americans with Disabilities Act
and California civil rights laws, alleging that barriers deprived
them of full and equal access to the facility.
After the parties settled some of the claims, a judge held a two-
day trial on the remaining claims and entered judgment for the
restaurant.
The trial judge found that the plaintiffs' claims were
nonfrivolous and, accordingly, denied the restaurant's request for