Workforce Bulletin

While businesses have long grown weary of the plaintiff bar’s seemingly endless stream of website accessibility lawsuits, it appears that judges in the SDNY may be increasingly feeling the same way. For the second time this spring, following on the back of the decision in Mendez v. Apple, a judge in the SDNY, in the case of Diaz v. The Kroger Co., 18-cv-7953 (KPF),has granted a business’ motion to dismiss a website accessibility lawsuit. While decided on multiple grounds, the Court’s decision is primarily based on mootness, providing businesses who have already taken the ...