Federal district courts in New York do not agree on whether the ADA covers internet only businesses and, to a lesser degree, on the extent to which website tester plaintiffs have standing. In response professional plaintiffs and their lawyers have been, for several years, filing suit in New York’s state courts.¹ On its face this
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Supplemental jurisdiction of Unruh Act claims in California – what will 2025 bring?
In 2022 the 9th Circuit made it clear that a federal district court could decline to exercise supplemental jurisdiction over an Unruh Act claim . Vo v. Choi, 49 F.4th 1167 (9th Cir. 2022). Vo v Choi has been cited 642 times, almost always in the context of a serial filer who has included an Unruh…
Everything you need to know about ADA Title III litigation

On Friday, January 17, 2025 William Goren and I will present a two hour CLE webinar, “Access Denied: Avoiding & Defending the Expanding Field of ADA Claims (2025 Edition).” Here’s the advertisement with a free access pass code that you can use to attend the webinar.
This is kicking off a full year of webinars…
Consent Decrees as a solution for ADA website litigation
I review almost all reported ADA decisions concerning website accessibility claims and so I often see orders adopting a consent decree to resolve a putative class action lawsuit. These decrees generally look very much like a private settlement agreement except that they do not say how much the plaintiff’s lawyer was paid and they contain…
We’ve got a lot to say – upcoming ADA and FHA webinars

I’ll be presenting three new webinars in early 2025, starting with “Access Denied: Avoiding & Defending the Expanding Field of ADA Claims” for MyLawCLE on January 17, 2025. My co-presenter will be my colleague William Goren, whose blog http://www.understandingtheada.com is well worth reading.
On February 10, 2025 I’ll be presenting “Understanding Accessibility Requirements under the…
If at first you don’t succeed. . . alternative milk litigation again.

On November 5, 2024 Judge Jon S. Tigar dismissed the claims in Munoz v Peet’s Coffee, Inc., Case No. 24-cv-01764 in the Northern District of California. I’ve blogged about these cases recently¹ so I won’t go into detail. As might be expected, the plaintiff lost. The reasons were simple. The plaintiff’s first claim was the addition…
Accessibility Law for Real Estate Lawyers

On November 5, 2024 beginning at 1:00 p.m. Eastern Time I’ll be presenting a 90 minute webinar on Accessibility Law for Real Estate Lawyers to the ABA Section of Real Property, Trust and Estate Law. I’ll survey the accessibility laws that most often apply to real estate buyers, sellers, developers, owners, operators, landlords, tenants and…
More lessons from HUD and DOJ about the ADA and FHA
Press releases from HUD and DOJ in the last week or so contain plenty of lessons for the owners of businesses subject to the ADA and FHA. I can’t say whether these new claims by the government will pan out, but the nature of the claims made provides some insight in how to get into…
Is Asthma a disability under the ADA? Good question.

Employers and others covered by the ADA, FHA and other laws prohibiting disability discrimination often want to know whether this or that medical condition is a disability. A pair of decisions from the Sixth Circuit, both decided in the last month, explain why there may not be an unequivocal answer.
We’ll start with the older…
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…