JAMES SHAYLER V. 1310 PCH, LLC, No. 21-56130 (9th Cir. 2022)
Annotate this Case
Plaintiff, a serial ADA litigant, moved for an award of over $34,000 in attorney’s fees and costs under 42 U.S.C. Section 12205. The district court reduced this award significantly, finding that factors such as the routine nature of the work performed by Plaintiff’s attorneys and the lack of meaningful opposition by Defendants warranted the use of a $300/hour “blended billing rate” for all the work performed by counsel, as well as a 65% downward multiplier to the total amount of fees.
The Ninth Circuit affirmed the district court’s order awarding a reduced amount of attorney’s fees and costs following the district court’s grant of summary judgment in favor of Plaintiff on a claim under the Americans with Disabilities Act. The panel held that the district court provided an adequate “concise but clear explanation” of the grounds for its decision and did not abuse its broad discretion because, given the repetitive nature of high-frequency ADA litigation, there was nothing irrational about the district court’s conclusions that, in effect, much of the work here could have been performed by junior associates or even paralegals, or that much of the motion practice in the case was superfluous.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.