Cases: Civil Rights

  Plaintiff’s Case Resulted in Published Decision Clarifying “Equivalent Facilitation” Issue Which Had A Prior Split Result Between Two District Courts.      Alice Roosevelt Longworth and Theodore Roosevelt, Jr., with men in wheelchairs.  1927.  Library of Congress.      Plaintiff, a disabled person using a wheelchair, sued defendant—running a retail clothing store “House of Flava”—under Title

  Some Aspects Affirmed But Remanded, Some Reversed Outright, And Appellate Fee Issue Remanded To Commissioner To Allocate.      C.W. v. Capistrano Unified School Dist., No. 12-57315 (9th Cir. Mar. 2, 2015) (published) is an interesting case involving a school district prevailing defendant in a disabled child lawsuit, involving claims under the Individuals with Disabilities

  $387,750 In Fees Requested, With Appellate Court Determining That Some Reasonable Amount Should Be Awarded.      Co-contributor Marc calls this next case “shock, countershock, equilibrium.” Co-contributor Mike agrees with his assessment of the result in Heller v. Carmel Partners, Inc., Case No. B253512 (2d Dist., Div. 2 Feb. 4, 2015) (unpublished).           Commodore W.H.

  Use of Juror Declaration To Show “Close Case,” A Creative Approach, Was Not Accepted By Trial Court, But Appellate Court Did Not Rule It Out Under The Right Circumstances.      This next case involved a creative attempt to use a juror affidavit to negate the proposition that a FEHA case was frivolous, unreasonable or

  Plaintiff Requested Close to $1 Million in Fees (Inclusive of 3.5 Multiplier).      Plaintiff sued a school district and two supervisors for FEHA and a host of ancillary discrimination claims. Along the way, even though an appellate court revived some claims, plaintiff had claims pared down or only partially prevailed—3 out of 11, for