Seyfarth Synopsis:  Domino’s Likely to File Petition for Certiorari from Ninth Circuit’s Ruling in Robles v. Domino’s.

As we reported, the Ninth Circuit held in January that a blind plaintiff could move forward with his ADA Title III lawsuit against Domino’s Pizza for having an allegedly inaccessible website and mobile app.  The court determined that allowing the claim to move forward was not a violation of Domino’s due process rights, even though the ADA and its regulations contain no definition of, or technical specifications for, “accessible” public accommodations websites.

We believe Domino’s will be petitioning the U.S. Supreme Court for certiorari because on March 6, 2019, it requested a sixty-day extension of time to file said petition.  The request was filed by a newly-engaged Supreme Court specialist which further confirms our conclusion that a petition will be filed.  Justice Kagan granted the request, and Domino’s Petition for Certiorari is due on June 14, 2019.

There is a lot at stake with this petition.  Congress and the DOJ have taken no action to stop the tsunami of lawsuits against thousands of businesses about their allegedly inaccessible websites.  A Supreme Court decision could put an end to the litigation frenzy and provide some relief for businesses.

Stay tuned for updates on this exciting development.