C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 36—NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS AND IN COMMERCIAL FACILITIES › Subpart E—Enforcement

28 C.F.R. § 36.505

Attorneys fees

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In any action or administrative proceeding commenced pursuant to the Act or this part, the court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, including litigation expenses, and costs, and the United States shall be liable for the foregoing the same as a private individual.

Notes of Decisions
Cited in 16 cases (5 in the last 5 years), 1995–2024 · leading case: Rodriguez v. Barrita, Inc., 53 F. Supp. 3d 1268 (N.D. Cal. 2014).
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Rodriguez v. Barrita, Inc., 53 F. Supp. 3d 1268 (N.D. Cal. 2014). · cites it 3× “§ 12205 ), one federal regulation ( 28 C.F.R. § 36.505 ), and one Federal Rule of Civil Procedure (Rule 54), none of which teach that plaintiffs entitlement to costs and expenses is absolute.”
Blackwell v. Foley, 724 F. Supp. 2d 1068 (N.D. Cal. 2010). · cites it 2× “standards 28 C.F.R. § 36.505 .) Alternatively, California Civil Code § 55 provides attorney fees and costs for obtaining injunctive relief, and § 54.”
Pascuiti v. New York Yankees, 108 F. Supp. 2d 258 (S.D.N.Y. 2000). · cites it 2× “Without admitting any liability therefor, the Yankees shall attempt to negotiate and settle the issue of the amount of attorney’s fees and costs requested by Kopelson & Westreich, as counsel for plaintiffs, pursuant to 28 C.F.R. § 36.505 . In the event that the Yankees and…”
Bercovitch v. Baldwin Sch., Inc., 191 F.3d 8 (1st Cir. 1999). “The Rehabilitation Act also provides for the award of attorney’s fees: In any action or proceeding to enforce or charge a violation of a provision of this subchapter, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable…”
Charlebois v. Angels Baseball LP, 993 F. Supp. 2d 1109 (C.D. Cal. 2012). “§ 12205 ; see also 28 C.F.R. § 36.505 . . "Any person who is .”
Ass'n for Disabled Americans, Inc. v. Integra Resort Mgmt., Inc., 385 F. Supp. 2d 1272 (M.D. Fla. 2005). “§ 12205 and 28 C.F. R. § 36.505 and Fed.R.Civ.P. 11, costs, and expenses.”
DB v. Bloom, 896 F. Supp. 166 (D.N.J. 1995). “91-216PA (New York City Commission on Human Rights, July 19, 1991) (damages of $15,000 awarded for invalid coach driver's refusal to assist HIV-positive patient).”
Bercovitch v. Baldwin Sch., 964 F. Supp. 597 (D.P.R. 1997). “§ 12205 ; 28 C.F.R. § 36.505 . The Rehabilitation Act contains a similar provision providing attorney fees for the prevailing party.”
Antoninetti v. Chipotle Mexican Grill, Inc., 49 F. Supp. 3d 710 (S.D. Cal. 2014). “” See also 28 C.F.R. § 36.505 . The prevailing plaintiff is also entitled to fees and costs under California’s applicable disability access laws.”
Sarwar v. Shastri Narayan Inc (D.N.J. 2021). “§ 12205 and 28 C.F.R. § 36.505 . Id. at ¶¶ 21 - 22. Plaintiff filed the Amended Complaint against Defendant on January 16, 2021.”
Murphy v. Vosges, Ltd (W.D. Pa. 2022). “§ 12205 and 28 CFR § 36.505 , within 45 days of this Order.”
Betancourt-Colon v. Arcos Dorados Puerto Rico, LLC (D.P.R. 2024). “” 28 C.F.R. § 36.505 . Accordingly, Betancourt may apply for attorneys’ fees and litigation costs in accordance with Federal Rule of Civil Procedure 54(d).”
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