ADA – drive-by litigation
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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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Hear all about it – Richard discusses ADA website litigation on the ADA Book podcast
Richard was interviewed this week by Kris Rivenburgh on his ADA Book YouTube channel and podcast, which is now streaming at https://www.youtube.com/watch?v=rMwsgy57kC4 and all your major podcast sources. The interview covers the latest legal developments as well as prospects for future regulation and litigation. Businesses concerned with ADA website compliance might want to check out… 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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ADA tester standing – what three cases in four days tell us.
In the space of three days in early December four different courts took very different approaches to standing allegations by serial ADA litigants. A comparison shows there is no certainty in how the law will be applied in ADA cases at the District Court level because neither the Constitution nor the pronouncements of the Supreme… Continue reading