9th Circuit Showing Impatience With ‘Serial Plaintiffs’ and Their Lawyers

Judges in the 9th U.S. Circuit Court of Appeals “are getting tougher on lawyers who represent serial plaintiffs by reducing their fees and threatening sanctions,” said Seyfarth Shaw in an analysis Thursday. In an Oct. 24 opinion in Shayler v. 1310 PCH , the 9th Circuit panel affirmed the district court’s order awarding a reduced attorney’s fees and costs following the district court’s grant of summary judgment in favor of the plaintiff on a claim under the Americans with Disabilities Act. The plaintiff, a serial ADA litigant, moved for an award of more than $34,000 in attorney’s fees and costs, said the opinion. But the district court “reduced this award significantly,” citing factors “such as the routine nature of the work performed by the plaintiff’s attorneys,” it said. This decision “should be useful for businesses fighting fee petitions filed by serial plaintiffs in routine cases,” said Seyfarth Shaw.