Public Accommodations Under ADA Limited to Actual, Physical Places, with Website Accessibility Claims Permitted Only for Intangible Barriers to Access
Posted on Apr 30, 2021 in Consumer Protection | Comments Off on Public Accommodations Under ADA Limited to Actual, Physical Places, with Website Accessibility Claims Permitted Only for Intangible Barriers to Access
The fact that a website was incompatible with screen-reader software for visually impaired users was held insufficient (without more) to state a claim for public-accommodation discrimination under Title III of the Americans with Disabilities Act, in Gil v. Winn-Dixie Stores. Inc., 2021 WL 1289906 (11th Cir. Apr. 7, 2021). The Eleventh Circuit held in a majority opinion by Judge Lisa...
General Statistical Evidence of “Local Controversy” Held Insufficient for Jurisdiction Under Class Action Fairness Act
Posted on Mar 23, 2021 in Class Actions | Comments Off on General Statistical Evidence of “Local Controversy” Held Insufficient for Jurisdiction Under Class Action Fairness Act
Can class-action plaintiffs avoid federal court by relying on general economic studies and population statistics to prove that their case should be in state court? Not in the Eleventh Circuit. In Smith v. Marcus & Millichap, Inc., 2021 WL 939184 (11th Cir. Mar. 12, 2021), the court held that “studies, surveys, and census data—which do not directly involve the plaintiffs”—are...
Eleventh Circuit Splits with Ninth in Holding that Recipient of a Single Unsolicited Text Message Lacks Standing to Assert a TCPA Claim
Posted on Aug 29, 2019 in Jurisdiction | Comments Off on Eleventh Circuit Splits with Ninth in Holding that Recipient of a Single Unsolicited Text Message Lacks Standing to Assert a TCPA Claim
John Salcedo received a single unsolicited text message from the firm of his former lawyer, offering a discount on future services. Salcedo sued the lawyer and the law firm, seeking statutory and treble damages for alleged violation of the Telephone Consumer Protection Act (“TCPA”). In his complaint, Salcedo alleged that the text message caused him “to waste his time answering or...
Dollars from Donuts: Court Applies Georgia Civil Rule on Attorneys’ Fees
Posted on May 2, 2019 in Civil Procedure | Comments Off on Dollars from Donuts: Court Applies Georgia Civil Rule on Attorneys’ Fees
A plaintiff whose vehicle was struck by a Krispy Kreme driver appealed a $330,000 verdict in her favor and obtained a reversal, and a chance to win an even bigger verdict, in Showan v. Pressdee, 2019 WL 1891785 (11th Cir. Apr. 29, 2019). At issue primarily was a once fairly obscure provision of the Georgia Civil Practice Act, added in “tort reform” legislation enacted in 2005. The...