ADA Mootness
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ADA website accessibility litigation – confusion about standards is driving abusive litigation.
I’m not Maimonides, but I do think we need a Guide for the Perplexed concerning ADA website litigation because it seems that in many cases both courts and litigants have mistakenly treated websites as if they were buildings. Websites are not buildings, and recognition of that fact would do a great deal to eliminate or Continue reading
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Quick Hits – Dog Days of Summer Edition
The official worst heat-wave ever is now over in both the U.S. and France, but Sirius is still rising just before dawn and nothing has cooled off in the courts. Here are the latest cases on ADA and FHA issues. HOAs and the FHA Lau et al v. Honolulu Park Place, AOAO, 2019 WL 3208644 Continue reading
Accessibility Litigation Trends, ADA – drive-by litigation, ADA – serial litigation, ADA – Standing, ADA Attorney’s Fees, ADA FHA General, ADA FHA Litigation General, ADA Internet Web, ADA Litigation Procedure, ADA Mootness, ADA Policies, ADA Web Access, ADA Website Accessibility, FHA Reasonable Accommodation, Hospitals, Internet Accessibility, Statute of Limitations -
Quick Hits – Serial filer edition
All but two of today’s cases are from serial filers, and 7 of 17 are from a single serial filer, Scott Johnson. The fact that serial filers dominate the world of ADA litigation is hardly news; in fact, it would news if an ordinary disabled individual who suffered a real ADA injury filed suit. It Continue reading
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Accessibility moots a website accessibility claim – a surprising decision that shouldn’t surprise anyone.
On Tuesday, June 4 Judge Katherine Failla of the Southern District of New York issued a critical decision finding that a website accessibility case could be mooted by simply fixing the website. Diaz v. Kroger Co., Case No. 1:18-cv-7953 (June 4, 2019). She also found that Kroger was not subject to personal jurisdiction in New York Continue reading
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Quick Hits – St. Patrick’s Day Edition
I’m a day late with the St. Patrick’s Day Edition of Quick Hits but that’s no reason not to raise a toast to the saint who, as my great-grandfather William Mullin said, drove all the snakes out of Ireland except the politicians. Counter widths and the ADA Johnson v. Starbucks Corp., 2019 WL 699136 (E.D. Continue reading
