Monday, June 20, 2005

While I Was Away, Part IV: C.D. Cal. Decides to Enact ADA Notification Act

On June 9, Judge Gary Taylor of the United States District Court for the Central District of California held that a prevailing plaintiff in a case under Title III (the public accommodations title) of the ADA will not be entitled to statutory attorneys' fees unless the plaintiff provided "a pre-litigation unambiguous warning notice to the defendant and a reasonable opportunity to cure the violation" before bringing suit. Doran v. Del Taco, Inc., 2005 WL 1389270 (C.D. Cal., June 9, 2005). That, of course, is exactly what several Members of Congress have proposed to require in the "ADA Notification Act." The proposed law has never passed Congress, but I guess the Doran court got impatient.


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