Retailer Fights Back Against Serial ADA Plaintiff and Wins Trial Verdict

Many businesses choose to settle frivolous “accessibility discrimination” lawsuits that serial plaintiffs bring under the Americans with Disabilities Act (“ADA”) and similar state laws, such as the California Disabled Persons Act (“CDPA”) and Unruh Act.  The temptation to settle is great because plaintiffs typically make settlement demands that are far lower than the cost of litigating a case.  However, some retailers have had enough of these suits and are fighting back.

Eddie Bauer LLC, a national retailer, likes to fight back.  The company has won summary judgment in several cases–many by the same plaintiffs and same attorneys at different store locations.  More recently, Eddie Bauer won a case at trial, and is helping to change the case law to be more favorable for businesses.  On March 25, 2013, in Chris Kohler v. Presidio International, Inc. and Eddie Bauer, et al., in the U.S. District Court for the Central District of California, Eddie Bauer, represented by Seyfarth Shaw’s very own Jon D. Meer and Myra B. Villamor, secured a favorable verdict on all claims against a serial litigant, Chris Kohler, and his counsel, Lynn Hubbard.

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