Ninth Circuit Reverses District Court’s Sanctions Order.
In an American with Disabilities Act (ADA) case, a district judge dismissed a lawsuit based on plaintiff’s lack of standing and imposed monetary sanctions against plaintiff and his counsel for bringing a frivolous case. The Ninth Circuit reversed the standing determination, which also meant that the sanctions order “went away.”
Because the Ninth Circuit had subsequently found standing in a similar situation, Doran v. 7-Eleven, 524 F.3d 1034, 1041 (9th Cir. 2008), reversal was required in this case before it, where the summary judgment motion was decided before issuance of Doran.
The reversals came in Wilson v. Kayo Oil Company, Case Nos. 07-56765 & 08-55444 (9th Cir. Apr. 24, 2009) (published per curiam opinion).