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ARTICLE · 04 MAY 2018

ADA Lawsuit Dismissed As Moot

Klein Moynihan Turco LLP
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Last month, a federal district court in the Commonwealth of Virginia granted a motion to dismiss (based, in part, on mootness grounds), in a website accessibility lawsuit brought under Title III...

United StatesMedia, Telecoms, IT, Entertainment
David O. Klein
David O. Klein
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Last month, a federal district court in the Commonwealth of Virginia granted a motion to dismiss (based, in part, on mootness grounds), in a website accessibility lawsuit brought under Title III of the Americans with Disabilities Act ("ADA").  This ADA lawsuit was filed by Keith Carroll ("Plaintiff"), a resident of Virginia who is legally blind, against New People's Bank, Inc. ("NPB") in the United States District Court for the Western District of Virginia (1:17-cv-44). 

How can a defendant in an ADA lawsuit moot a plaintiff's claims?

Plaintiff's ADA Lawsuit Allegations and NPB's Response

In the instant ADA lawsuit, Plaintiff alleged that NPB's website contained access barriers that prevented his screen reader software from being able to freely navigate NPB's website. In particular, the alleged website access barriers included:

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