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Litigation

Oct. 18, 2012

State high court to review fee award in disability access suit

It seems likely that the trial court will be affirmed as part of the effort to rein in abusive litigation, along with the changes in newly-signed SB 1186. By Gerald Knapton and Kim Karelis of Ropers, Majeski, Kohn & Bentley APC


By Gerald Knapton and Kim Karelis


In Jankey v. Lee, No. CGC07-463040, the defendant "mom and pop" store prevailed on a motion for summary judgment against a wheelchair-bound plaintiff's de minimus "architectural barrier" lawsuit in San Francisco County Superior Court. The plaintiff sought, inter alia, injunctive relief under the Americans with Disabilities Act and under the California Disabled Persons Act.


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