Retail Detail: Retailer Fights Back Against Serial Plaintiffs Alleging Accessibility Discrimination | Seyfarth Shaw LLP

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Apr 2, 2013

Retail Detail: Retailer Fights Back Against Serial Plaintiffs Alleging Accessibility Discrimination

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Eddie Bauer LLC, a national retailer, recently fought back against frivolous "accessibility discrimination" lawsuits that serial plaintiffs brought under the Americans with Disabilities Act ("ADA") and similar state laws, such as the California Disabled Persons Act ("CDPA") and Unruh Act. The company won summary judgment in several cases–filed by many of the same plaintiffs and same attorneys at different store locations. More recently, on March 25, 2013, in Chris Kohler v. Presidio International, Inc. and Eddie Bauer, et al., Eddie Bauer secured a favorable verdict on all claims against a serial litigant in the U.S. District Court for the Central District of California.

In the Kohler trial, the plaintiff alleged that he encountered a number of physical or architectural barriers that prevented him from enjoying full and [...]

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