Absence of DOJ Regulations Does Not Bar Liability for Failure to Comply with the ADA

In the face of an ever-growing number of lawsuits based upon allegedly non-ADA compliant website designs, defendants have enjoyed little success obtaining dismissal at the pleadings stage of proceedings. One lingering glimmer of hope had been the viability of a due process argument premised upon the “primary jurisdiction” defense, which formed the basis of Judge Otero’s decision dismissing the plaintiff’s complaint in Robles v. Domino’s Pizza, LLC. In short, the defendant argued that the plaintiff’s action must be either stayed or dismissed because the…
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