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ARTICLE · 24 APRIL 2023

A Consent Decree Can Provide Some Protection Against Future Website Accessibility Lawsuits

Seyfarth Shaw LLP
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A New York federal judge invokes the All Writs Act to dismiss a later-filed website accessibility lawsuit against the same defendant to protect the integrity of an existing...

United StatesLitigation, Mediation & Arbitration
Minh Vu
Minh Vu
Kristina Launey
Kristina Launey
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Seyfarth synopsis: A New York federal judge invokes the All Writs Act to dismiss a later-filed website accessibility lawsuit against the same defendant to protect the integrity of an existing consent decree that already requires the defendant to make its website accessible.

Businesses that are sued under Title III of the ADA for allegedly having a website that is not accessible to people with disabilities often want to know how they can avoid being sued again after settling a case. A decision issued last week by Southern District of New York Judge Andrew Carter suggests that entering in to a consent decree which requires the defendant business to make the subject website accessible can be an effective way of deterring future lawsuits in federal court — at least for as long as the consent decree is in effect.

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