As I have noted in prior posts (for example, here), a few plaintiffs’ law firms have launched a wave of lawsuits under the Americans with Disabilities Act (ADA) based on website inaccessibility allegations. In one of the first appellate court decisions on the legal issues these cases present, the Ninth Circuit recently reversed a lower court dismissal of a website and mobile app accessibility lawsuit that had been filed against Domino’s Pizza. The appellate court’s ruling underscores the exposures companies face for these kinds of lawsuits. The Ninth Circuit’s January 15, 2019 opinion in Robles v. Domino’s Pizza can be found here.
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winn-dixieAs I have previously noted (more recently here), in recent months a small number of plaintiffs’ law firms have launched a host of lawsuits under the Americans with Disabilities Act (ADA) based on allegations of website inaccessibility. In light of a recent development, these lawsuits may become an even bigger concern. On June 13, 2017, a federal judge in the Southern District of Florida, following a bench trial, entered a verdict that the website of Winn-Dixie Stores was inaccessible to a visually impaired individual in violation of Title III of the Americans with Disabilities Act. The trial was the first in the history of the ADA about an allegedly inaccessible website and the verdict arguably has significant implications for other businesses that have been hit with suits alleging that their websites are in accessible. The verdict and order in the Winn-Dixie case can be found here.
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ada
Americans with Disabilities Act

In a prior post, I noted concerns over lawsuits filed under the American Disabilities Act (ADA) relating to website accessibility. I noted at the time that a court holding that a website violated the ADA’s public accommodation accessibility requirement likely would lead to an increase in litigation involving website accessibility. As I suspected might happen, this increase has now materialized. Indeed, according to a September 29, 2016 post on the ADA Title III News and Insights blog (here), website accessibility lawsuits “have become big business” for a number of plaintiffs’ law firms.
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