The US Court of Appeals for the Ninth Circuit Monday upheld a district court order reducing an award for an Americans with Disabilities Act (ADA) violation pursuant to 28 U.S.C. § 1291, calling the lawsuit “abusive ADA litigation.”

James Shayler filed suit against PCH, LLC (PCH) in 2020, alleging a violation of the ADA and California’s Unruh Civil Rights Act. Importantly, both acts intend to protect equal accommodations to facilities and services within businesses. Shayler claimed that PCH failed to comply with regulations involving accessible parking spaces. PCH did not refute the allegation. After eight months of proceedings, the court granted Shayler summary judgement. Shayler requested an award to cover attorney’s fees plus costs totaling $34,899. The district court held the attorney’s fees were out of step with the amount and type of work performed. Under reasonable reimbursement guidelines the district court awarded $9,851 and Shayler appealed.

The Ninth Circuit found the majority of filings in the case were boilerplate with few complex issues. According to the court, Shayler and his counsel filed “boilerplate” complaints on multiple violations using “form” documents. Furthermore, high-billed senior partners managed the suit. In the court’s opinion, it was better suited to junior attorneys or paralegals with a reduced hourly rate. The Ninth Circuit and the district court were “flummoxed by the fact that Shayler’s counsel had spent 17 hours on the unopposed motion for summary judgment, which included 7 hours expended after PCH had notified the court of its non-opposition.” The court noted that two-thirds of the total hours worked were filed after PCH admitted fault.

Shayler will appeal the ruling.