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Litigation & Arbitration,
9th U.S. Circuit Court of Appeals

Jan. 24, 2023

Serial ADA litigant can't be denied standing, panel says

9th Circuit Judges Ronald M. Gould and William A. Fletcher agreed that the plaintiff’s litigation history, filing well over 1,000 lawsuits, couldn’t be used to deny him standing, although Judge Daniel P. Collins dissented.

A federal judge erred in dismissing an American with Disabilities Act lawsuit on the grounds that the plaintiff is a serial litigant, according to a divided 9th Circuit panel ruling Monday.

Circuit Judges Ronald M. Gould and William A. Fletcher agreed that the plaintiff’s litigation history, filing well over 1,000 lawsuits, couldn’t be used to deny him standing, although Judge Daniel P. Collins dissented.

“We h...

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