ADA defense
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Acheson Hotels: tester standing at the crossroads part 1.
Now that everyone (and I mean everyone¹ ) has weighed in on tester standing as presented to the Supreme Court in Acheson Hotels v Laufer I thought I might as well try to explain the issue for those who don’t live and breathe disabilities rights litigation. In my next blog I’ll look at the legal… Continue reading
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California versus the Constitution – who can regulate internet accessibility?
Several other sources have reported on recent legislation in California that would establish WCAG 2.1 AA as the minimum accessibility requirement for websites that do business in California.¹ The bill is a disaster in many ways, but rather than look at its many individual flaws I think it is useful to ask whether the entire… Continue reading
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Can an ADA website accessibility claim be mooted?
In ADA website litigation failure can teach us as much as success, and the plaintiff’s failure in Tavarez v. Extract Labs, Inc., 2023 WL 2712537, at *2 (S.D.N.Y. Mar. 30, 2023) is no exception.¹ Before getting into the details, here’s a primer on the doctrine of “mootness.” Article III of the Constitution gives federal courts… Continue reading
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Like death and taxes – an ADA serial filer roundup.
Like death and taxes, serial ADA litigants seem inescapable, but if the lawsuits remain the same the players change from time to time. It’s worth knowing who’s who when you or your client gets sued. First, in the just rewards category, Scott Johnson, whose name appears dozens of times in my blog posts, and thousands… Continue reading
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ADA serial litigation – will the Supreme Court cut off the head of this snake?
Ouroboros – the snake devouring its own tail is, according to Encyclopedia Brittanica, an ancient symbol of the endless cycle of death and rebirth. It’s a little like serial litigation under the ADA, where the same old issues and plaintiffs have been appearing and re-appearing for at least a decade. Now, however, it looks like… Continue reading
