Sarah Bell, a member of Pryor Cashman's Litigation Group and American With Disabilities Act (ADA) Defense practice, authored the article “ADA Litigation: Are The Courts Finally Getting It Right?” The article appeared in Law360 on August 4, 2015.

Although the DOJ has the power to enforce the regulations of the ADA, the number of private lawsuits aimed at enforcing the ADA has skyrocketed across the country. Defending an ADA lawsuit is an expensive proposition and until recently, the courts seemed hesitant to put the brakes on plaintiffs’ attempts to collect exorbitant legal fees. But toward the end of 2014 and in the beginning of 2015, the U.S. District Courts for the Southern and Eastern Districts of New York seem to have begun to recognize the bad faith "hold up" nature of the lawsuits. Some judges have recently put a stop to the bad faith tactics employed by many plaintiffs’ attorneys by granting defendants’ requests to stay the litigation, limiting the amount of attorneys' fees that plaintiff attorneys can collect and acknowledging, directly and indirectly, plaintiffs’ bad faith litigation tactics.

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