Home -> Law Blog Directory -> Legal News Blogs -> Legal Pad | LA

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Legal News

: Legal Pad | LA

Controversial Gunther ADA decision overturned

By Richard Binder

ADVERTISEMENTS

The California Supreme Court overturned a Santa Ana-based Court of Appeal decision that required plaintiffs in Americans with Disabilities Act-type cases to prove that businesses purposely violated the law by not making their facilities usable by wheelchair-bound customers.

The high court, acting on a request for clarification by the U.S. Ninth Circuit Court of Appeals, decided that appellate justices in Orange County misunderstood the intention of California's Unruh Civil Rights Act by ruling against David Gunther in a case involving a Jack-in-the-Box. Business owners believe Gunther abused the law by forcing them to pay him at least $4,000 for every violation he claimed to have found. He has filed hundreds of lawsuits throughout California in recent years and pocketed hundreds of thousands of dollars in penalties.

By the time one of his cases reached the court of appeal here, businesses and members of the legal community--including the court of appeal, viewed Gunther as exploiting a legal loophole for his financial gain. But, in a unanimous decision, the supreme court backed Gunther, calling the OC appellate decision against him "wrong."

Full details here.

Full post as published by Legal Pad | LA on June 15, 2009 (boomark / email).