ADA Plaintiffs Denied Attorneys’ Fees Post-Settlement

United States District Judge Virginia Covington of the Middle District of Florida recently held that serial plaintiffs (Denise Payne and Access for the Disabled) who had reached a voluntary settlement with the defendant in an ADA Title III case were not entitled to attorneys’ fees and costs because the court neither retained jurisdiction of the case to enforce the settlement agreement nor incorporated the terms of the settlement into the order of dismissal. 

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