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Civil Rights

Dec. 13, 2023

Panel suggests DAs file criminal claims against firm over disability lawsuits

Litigation privilege immunizes Potter Handy from DAs lawsuit, panel says, adding that criminal charges would have survived demurrer.

An unfair competition lawsuit that San Francisco and Los Angeles County district attorneys filed against Potter Handy LLP, accusing the law firm of filing false disability discrimination lawsuits to “shake down” small businesses, would have survived a demurrer had the prosecutors filed a criminal case instead, an appellate panel ruled.

The unanimous opinion — published on Dec. 8 and written by 1st District Court of Appeal Justice Alison Tu...

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