ada

ADA lawsuit picture of handicapped parking space

Revisiting the Second Circuit’s ADA Lawsuit Standard

In June 2022, the United States Court of Appeals for the Second Circuit decided the matter of Calcano v. Swarvoski North America Ltd. In Calcano, Plaintiffs, who are visually impaired, filed an Americans with Disabilities Act (“ADA”) lawsuit against Defendant for not carrying braille gift cards in its stores. As our readers are aware, Title […]

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ADA compliance person on computer online shopping online retail

ADA Compliance and Retail Websites

For several years, consumers have flooded the Western District of Pennsylvania (“WDPA”) with Americans with Disabilities Act (“ADA”) compliance lawsuits, alleging that companies are violating the ADA because their websites are inaccessible to the visually or hearing impaired. It is well-settled in the Third Circuit, of which the WDPA is a part, that a “place

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Domino Effect: Will SCOTUS Refusal to Hear ADA Website Case Yield Flood of Litigation?

October 9, 2019 On October 7, 2019, the United States Supreme Court denied a petition for a writ of certiorari in the matter of Domino’s Pizza LLC v. Robles.  This case involves an Americans with Disabilities Act (“ADA”) claim in which Mr. Guillermo Robles, a blind man, filed a lawsuit against Domino’s Pizza LLC (“Domino’s”)

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Website Accessibility Lawsuits Abound

August 21, 2019  Website accessibility lawsuits (i.e., lawsuits alleging discrimination on the basis that websites contain access barriers that limit navigation for disabled people) increased 177% percent from 2017 to 2018 alone. These website accessibility lawsuits have been brought under Title III of the Americans with Disabilities Act (“ADA”), which prohibits discrimination on the basis

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Website Accessibility Lawsuit Calls Foul on the Miami Heat

August 2, 2018  A Florida man has brought a class action lawsuit against the Miami Heat Limited Partnership (“Miami Heat”) for violating Title III of the Americans with Disabilities Act (“ADA”). Andres Gomez, the Plaintiff named in the website accessibility lawsuit against the Miami Heat, is alleging that, as a blind man, the Miami Heat’s

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Website ADA Lawsuit Ruling Denies Telephone Auxiliary Aid Defense, but Limits Damages

June 7, 2018  On May 21, 2018, a California state court granted summary judgment to plaintiff Cheryl Thurston (“Plaintiff”) in a website accessibility lawsuit brought under California’s Unruh Act, which provides that a violation of Title III of the Americans with Disabilities Act (“ADA”) is also a violation of the Unruh Act. Plaintiff, a resident

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