United States Ninth Circuit

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Kohler v. Bed Bath & Beyond of California, 12-56520

In this action brought under Title III of the Americans with Disabilities Act (ADA), summary judgment in favor of defendant-retailer is affirmed, and the award of attorneys' fees in defendant's favor is reversed, where: 1) on the claim regarding clearance next to a restroom door in defendant's store, the ADA Accessibility Guidelines do not require any length of wall space on the side of the doorframe opposite the hinges; 2) defendant, as a tenant, was not liable for ADA violations occurring in the parking lot outside of its store where that area of the property was controlled by the landlord and was not leased by defendant; and 3) as to the award of attorneys' fees to defendant as a prevailing party, the district court erred in concluding that eight of the plaintiff's ten claims were frivolous.

Appellate Information

  • Decided 03/24/2015
  • Published 03/24/2015



  • United States Ninth Circuit