Labor/Employment » Attorney Fee Ruling In ADA Appeal Creates Defendant Bargaining Chip

Attorney Fee Ruling In ADA Appeal Creates Defendant Bargaining Chip

GAVEL 420

June 18, 2014

A decision by the Ninth Circuit Court of Appeals provides the defendant in an ADA case with the possibility of being awarded attorneys’ fees in concert with an unsuccessful plaintiff appeal. In Martinez v. Columbia Sportswear USA Corp and Eddie Bauer LLC, the Ninth Circuit found the plaintiff’s case to be frivolous and awarded fees even though the district court had not done either. Seyfarth Shaw attorney Jon D. Meer explains the case and the strategic options it opens up for defense attorneys.

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