9th Circuit Declines Serial ADA Plaintiff’s Appeal

SAN FRANCISCO (CN) - The 9th Circuit refused to reconsider wheelchair-bound activist Jarek Molski's challenge to an order requiring Molski and his attorneys at the Frankovich Group to obtain special permission before filing any new lawsuits in the U.S. District Court for the Central District of California.

U.S. District Judge Edward Rafeedie labeled Molski a vexatious litigant after he crusaded across the state, filing discrimination claims against businesses that failed to properly accommodate disabled patrons. His lawsuits sought large damages and usually settled quickly.

A three-judge panel affirmed the orders against Molski and his preferred law firm in a decision the full 9th Circuit declined to reconsider. But eight judges signed Judge Berzon's dissenting opinion, in which he called for less Draconian sanctions that do not "infringe the fundamental right to access the courts."

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