Legal Opinion
Jankey v. Song Koo Lee
California Supreme Court
Decided December 17, 2012No. S180890PublishedCited by 40 opinions
1Opinion of the Court
Opinion
WERDEGAR, J.
Sued under state and federal law for disability access discrimination, defendant Song Koo Lee prevailed and sought attorney fees. The trial court concluded fees for a prevailing defendant under Civil Code section 55 were mandatory and awarded $118,458, and the Court of Appeal affirmed. We consider two principal challenges to the award: whether the trial court erred in determining that section 55 fees are mandatory, and whether an award of mandatory fees is preempted by the federal Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.; ADA). We conclude the…
2Cases cited39 opinions
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- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
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3Cited by40 opinions
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