The 11th Circuit Court of Appeals in Johnson, Dinn v. Caraf Oil upheld a district court ruling that fined both the attorney and the plaintiff in a disability lawsuit. Dinin is an attorney, Johnson is the d/Deaf plaintiff. Together, they…
Who tests the ADA testers?
ADA and digital accessibility litigation are full of claims filed by “testers.” How far should that be allowed to go? Testers are individuals who have no intention of ever buying the product or visiting the location the website revolves around.…
Got sued over website accessibility?
Don’t count on being able to recoup those costs from someone else. This article is not legal advice. This is a general opinion article and should not be relied upon for any legal situation. Always consult an attorney who specializes…
I’ve given up on the ADA to protect my rights as a person with a disability
The ADA requires you to litigate. Why isn’t there an office where I can just file a complaint? The ADA turned 30 on the day I published this article. Anyone who views the ADA as a complete success doesn’t understand…
Can an ADA lawsuit be filed against a company located outside the US?
The answer is yes — and here is a case to watch that is going to test that theory, at least in one state Remember, this is NOT legal advice. If you find yourself in this situation, you need to…
Out-of-state ADA lawsuit revived by Sixth Circuit Court of Appeals
Yeah, it’s a bathroom case. But digital accessibility stakeholders should pay close attention to this one There were two notable defendant wins in digital accessibility lawsuits in 2019. Mendez v. Apple and Diaz v. Kroger were tossed in no small part because the plaintiffs…
ADA lawsuit costs are WAY more than just the settlement
When performing accessibility risk assessment, there are many costs you must include in your calculations in addition to plaintiff payouts Karl Groves wrote an amazing article this week on the ROI on Accessibility. This is a topic near and dear to my…
Life Before the ADA
The ADA turned 29 last week. These are things that people thought were acceptable before the ADA passed. This is what my life USED to be like No curb cuts My mother is 5′ 4″ and 120 lbs soaking wet.…
This Week in Accessibility: Griffin v. Dept. of Labor Credit Union
Another rare defendant’s victory, but really not substantially different than Diaz v. Kroger Serial plaintiffs in digital accessibility lawsuits tend to choose a subsection of potential defendants, then sue as many of them as they can. These are frequently referred to as…
This Week in Accessibility: Diaz v. Kroger
Have we run out of grocery stores to sue over digital accessibility violations yet? Let’s do a quick check of the top grocery stores in the US with respect to digital accessibility lawsuits. Winn-Dixie — Somehow this company managed to miss the…