ADA
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Quick Hits – All the news for April 2018
April was a busy month for courts confronting ADA lawsuits and some of the news is good for business; at least for business outside the Ninth Circuit. Of the cases we discuss, the two website cases are the most interesting, for they show how website accessibility cases are pointing the way back to a requirement… Continue reading
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Credit Union victories in ADA website litigation: an opportunity for all defendants.
It seems that CUNA, the Credit Union National Association has been slaying the dragon of serial website accessibility litigation.* In fact, the filing of a CUNA brief recently caused the plaintiff to just give up, dismissing the case voluntarily rather than face another unfavorable decision.** Looking at why CUNA has succeeded when the history of… Continue reading
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Obvious but often overlooked – it takes more than an impairment to be disabled under the ADA (or FHA)
The March 13 decision in Johnson v. NYS Office of Alcoholism and Substance Abuse, 1:16-cv-9769 (S.D.N.Y. March 13, 2018) shouldn’t be particularly interesting. The plaintiff claimed to be disabled because he was a recovering alcoholic. The Court dismissed the complaint because the plaintiff did not allege that his alcoholism interfered with a major life activity, explaining:… Continue reading
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Quick Hits – Presidents’ day edition.
Cases decided in the last few weeks are mostly good for business, not because they fail to enforce the ADA, but because they refuse to let dubious serial filer claims get beyond the initial pleading stage. Here’s the lineup. Standing and cheap standing Cheryl Thurston v. FCA US LLC, et al., EDCV172183JFWSPX, 2018 WL 700939,… Continue reading
