Christmas is over with lumps of coal and sugar plums distributed in ways that often seem unrelated to who has been naughty or nice. Regular readers will see just how little has changed in the course of 2019 despite some important defense victories in the Sixth and Eight Circuits. With most ADA litigation centered in New York, California and Florida the serial litigation business will almost certainly continue to thrive in 2020.
Camacho v. Vanderbilt U., 2019 WL 6528974 (S.D.N.Y. Dec. 4, 2019) is another case looking at the relationship between what a website does for the residents of a state and personal jurisdiction over claims related to that website. The Court applies the 2nd Circuit’s spectrum analysis to the website in a detailed way that is beyond the scope of a Quick Hits blog, concluding in the end that the presence of tools aimed at helping college prospects decide whether to apply were sufficient to find the required minimum contacts with the state of New York. The Court also finds that the plaintiff has standing despite having filed 50 similar lawsuits against other universities. While this might suggest the allegation about intending to utilize the website in the future is unlikely to withstand close scrutiny, college websites are used by a particular class of individual who is likely to do a lot of online shopping for a place to go to school, making the allegations at least plausible.