Accessibility Litigation Trends
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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
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When it comes to ADA tester standing in the Ninth Circuit, the truth no longer matters.
George Washington famously could not tell a lie – or so the story goes. Not all of us are so honest, and so in matters of litigation we have a method for deciding what is true – a trial. In Langer v. Kiser, 57 F.4th 1085 (9th Cir. 2023) the majority decided that the truth was… Continue reading
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Quick Hits – ADA and FHA cases of note
Janus, the two headed god that looked to the future and past and gave us the name for January, wouldn’t find much new in the world of disability law if he were contemplating 2023. Cases from the last few weeks look pretty much like cases from the end of 2021 and the end of 2020.… Continue reading
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Quick Hits, Happy Holidays edition – ADA website litigation.
I’ve been busy in the last few months putting what I learn from reading new decisions about the ADA and FHA to use for my clients; hence this delayed blog. A number of interesting decisions concerning ADA website litigation came out while I was busy on my day job, and I hope you don’t mind… Continue reading
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Quick Hits – fall color edition.
Fall mushrooms are beautiful, but also potentially poisonous, which is a real stretch for an analogy to the disability protection provisions of the ADA and FHA. Here’s a roundup of the latest decisions. Website accessibility – let’s review Roman v. Greenwich Village Dental Arts P.C., 2022 WL 4226026 (S.D.N.Y. Sept. 13, 2022) isn’t an extraordinary… Continue reading

