Domino’s accessibility lawsuit update

Several significant rulings were made on 6/25/21 on competing Motions for Summary Judgment 20 months after the Supreme Court kicked the Robles case back down to the district court.

Sheri Byrne-Haber, CPACC

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Pizza and hand holding can of pepsi
Photo by Oleg Ivanov on Unsplash

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Case history

  1. Robles, the plaintiff, couldn’t order a pizza from Domino’s through the internet (this was back in 2016, which becomes relevant later).
  2. The district court decided in favor of Dominos.
  3. The court of appeals overturned the district court’s ruling.
  4. The Supreme court said they would hear the case but then punted it back down to the district court for rehearing.

The case was scheduled to go to trial on Monday. Today’s order cancels that trial.

Update: In November, Domino’s settled the case with Robles

Important Points

Here are the important points from today’s long and complicated ruling

Keep detailed track (screenshots and devices) of the evidence supporting your claims.

Robles upgraded the iPhone he used for his original claim and no longer had it. Domino’s tried to use that as proof that the case should be decided in their favor because Domino’s could no longer examine the phone. Domino’s attorneys went so far as to ask for sanctions for “destruction of evidence” (which was denied). The court found that “[t]he iPhone is not necessary to establish Plaintiff’s interaction with the website,” but Robles and their legal team could have avoided a whole lot of grief if they had kept the device.

Make sure your expert’s report reflects at a minimum the same environment that the Plaintiff complained about.

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Sheri Byrne-Haber, CPACC

LinkedIn Top Voice for Social Impact 2022. UX Collective Author of the Year 2020. Disability Inclusion SME. Sr Staff Accessibility Architect @ VMware.