ADA Mootness
-
ADA claims in NY State Courts – is there a winning strategy that makes sense?
Federal district courts in New York do not agree on whether the ADA covers internet only businesses and, to a lesser degree, on the extent to which website tester plaintiffs have standing. In response professional plaintiffs and their lawyers have been, for several years, filing suit in New York’s state courts.¹ On its face this Continue reading
-
Mootness – the Kraken of ADA defenses
For ADA Title III cases mootness devours or destroys, or choose your word the claims of the plaintiff because under Title III the only relief available to the plaintiff is an injunction requiring the defendant to remove whatever architectural or communication barriers might exist. If there are no barriers then there is nothing useful the Continue reading
-
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
-
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
-
Industrial ADA litigation – “roll me baby, just like a tumbling dice.”
The Rolling Stones famously asked that they be rolled like a pair of tumbling dice, and looking at recent Title III ADA headlines reminded me of just what a crapshoot ADA litigation can be. The good news for businesses is that the district attorneys of San Francisco and Los Angeles have filed suit against the Continue reading
