Friday, May 25, 2007

Ninth Circuit: Prior Notice Not Necessary to Get Attorneys' Fees in Title III Case

Earlier this week, in an unpublished memorandum in Doran v. Del Taco, Inc., the Ninth Circuit issued yet another good decision on attorneys' fees in Title III cases. (See earlier discussion here.) The district court had denied thet plaintiff attorneys' fees, even though he had prevailed, because he had not given the defendant restaurant notice and an opportunity to cure the accessibility problems without litigation. The Ninth Circuit reversed. It held that the district court abused its discretion when it "denied fees by subjecting Doran to a [notice] requirement not found in the ADA or the case law."

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