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Prevailing Defendants entitled to Attorney’s fees in ADA cases, Jankey v. Lee

Posted in Real Estate Development, Real Estate Litigation

Check out the recent success of Weintraub Tobin’s Labor & Employment group in the California Supreme Court’s decision issued in Jankey v. Lee on December 17, 2012.  Lizbeth West, Esq., led the charge with the help of several other Weintraub Tobin attorneys, and filed an amicus brief with the California Supreme Court on behalf of 11 business and trade organizations.  The California Supreme Court relied on authority and arguments contained in Weintraub Tobin’s amicus curiae brief and ruled that the attorney’s fee provision in California Civil Code section 55 applies equally to prevailing defendants (as well as prevailing plaintiffs) and that an award of fees is mandatory to the prevailing party.  The Court also determined that California Civil Code section 55 is not preempted by the ADA!  For more information and a detailed summary of the Court’s decision, please see the attached blog posted by Lizeth West, Esq.