The Supreme Court denied Domino’s petition to review a Ninth Circuit ruling that held a blind plaintiff could move forward with his ADA Title III lawsuit against Domino’s Pizza because the ADA protects access not just to restaurants and stores.
The Ninth Circuit determined that allowing the claim to move forward was not a violation of Domino’s due process rights, even though the ADA and its regulations contain no definition of, or technical specifications for, “accessible” public accommodations websites. Circuits remain split over the scope and extent to which Title III of the ADA applies to business websites. Without clarification, every business with a website or an app will continue to be an easy target for lawsuits, which give plaintiffs’ attorneys enormous leverage for settlement shakedowns.
In anticipation of this ruling and the growing pro-plaintiff trend on this issue, Cruser Mitchell has developed an aggressive and cost effective program to minimize clients and carriers’ exposures to the damages and legal fees (both plaintiff and duty to defend). Please contact Marissa Beller at firstname.lastname@example.org or Stacie Turner at email@example.com to discuss strategies in this regard.