U.S. Court of Appeals for the 9th Circuit
The NFIB Legal Foundation filed an amicus brief supporting the District Court’s conclusion that trial courts may deny attorney fees when a plaintiff fails to make good faith efforts to notify the defendant of their ADA concerns. While the federal ADA law does not allow for personal recovery from ADA suits, many parallel state laws do. Trial attorneys have used this overlap to extort exorbitant attorney fees from small businesses throughout the country. A 9th Circuit Court of Appeals affirmation of this case would put an end to these suits by removing the only incentive lawyers have in ginning these cases up: lawyer's fees.
Status: DECIDED. Amicus brief filed in support of Del Taco March 19, 2006. The federal appeals court reversed the trial court's decision denying attorney's fees.
