ada litigation
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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
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Quick Hits – Tax Day Edition
A third of the reported ADA and FHA decisions in the last three weeks involved a single plaintiff, Scott Johnson. Mr. Johnson’s name is often found in this blog because he has been a fertile source of decisions on a wide range of ADA issues. As discussed below, outrage is one common response to his Continue reading
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Websites and Coke Machines – Texas Judge says neither is covered by the ADA
Like Coke machines, websites are not places of public accommodation subject to the ADA according to Judge Sim Lake’s January 24, 2019 decision in Zaid v. Smart Fin. Credit Union, 2019 WL 314732 (S.D. Tex. Jan. 24, 2019). It is a holding of first impression in the Fifth Circuit and it can be hoped it will 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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Quick Hits – ADA news of note
It has been an eventful three weeks in the world of ADA and FHA litigation. Rather than picking and choosing among the various cases that deserve attention we’ve provided some quick analysis of the cases with immediate relevance to most businesses. Ford v. H Unit Five, Inc., 2017 WL 4271433 (D. Utah Sept. 25, 2017) Continue reading
