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Author Archives: Robert Span

Website Accessibility By Disabled Persons

The Americans With Disabilities Act (“ADA”) protects the rights of disabled persons to equal access to public accommodations and facilities. When the ADA was enacted in 1990, commercial websites did not exist. Now, of course, websites are an important, even vital, method of marketing products and services, and courts throughout the nation are wrestling with […]

Awarding Attorneys’ Fees (Or Not)

A contractual clause requiring an award of attorneys’ fees to the prevailing party in litigation can have a significant impact on the parties’ decisions to file or pursue a case.  On the one hand, a potential plaintiff who believes he has a valid claim may be emboldened to sue.  On the other hand, the prospect […]

California Supreme Court Invalidates Arbitration Clause

Once again, the California Supreme Court has waded into the arbitration thicket.  This time, the Court found unenforceable an arbitration clause that prohibited a consumer from seeking injunctive relief on behalf of the public, not just in the arbitration, but in any forum whatsoever.  If nothing else, this latest decision highlights the dangers of over-reaching […]

Enforcing Arbitration Clauses

Last month, my colleague, Alan Steinbrecher, discussed the risks of electing to litigate despite the existence of a binding arbitration provision.  This month, I will explore two recent California court decisions that demonstrate the different views courts take of the enforceability of such provisions. In the first case, the Ninth Circuit held that a motion […]