Ninth Circuit Remands $136,537.83 Fee Award After Reversing and Granting Plaintiff More Relief.
Here is a reverse POOF!
Plaintiff in Antoninetti v. Chipotle Mexican Grill, Inc., Case Nos. 08-55867 et al. (9th Cir. July 26, 2010, amended Sept. 22, 2010) (for publication) won one claim in an American with Disabilities Act (ADA) action, with the district judge awarding plaintiff $136,537.83 out of a requested $546,151.33 in attorney’s fees.
However, on appeal, the Ninth Circuit Court of Appeals reversed, granting plaintiff more relief with respect to two restaurants (including a preliminary injunction, relief denied by the district judge). What impact did that have? Reverse POOF! The fee matter was remanded for the district judge to reconsider the request anew given what happened at the appellate level. More fees, we guess, would be the likely result.