Takeaways From Eddie Bauer's Recent Victory

Law360, New York (May 9, 2013, 12:32 PM EDT) -- Many businesses choose to settle frivolous “accessibility discrimination” lawsuits that serial plaintiffs bring under the Americans with Disabilities Act and similar state laws, such as the California Disabled Persons Act (CDPA) and Unruh Civil Rights Act. The temptation to settle is great because plaintiffs typically make settlement demands that are far lower than the cost of litigating a case. However, some retailers have had enough of these suits and are fighting back.

Eddie Bauer LLC, a national retailer, recently fought back. In this case, the fight...
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