SDNY Decision denies Default Judgment in ADA Lawsuit

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Toro v. Merdel Game Mfg. Co., 2023 U.S. Dist. LEXIS 23215 (SDNY 2023) is a recent case that sheds light on the legal proceedings related to default judgments and the Americans with Disabilities Act (ADA).

In the case, the plaintiff missed the deadline to file for default judgment, and the court ordered the plaintiff to file for default judgment, while also ordering the defendant to show cause why a default judgment should not be granted.

The ruling provides insights into the criteria for entering a default judgment against defendants and establishes that a court's decision to enter a default does not entitle plaintiffs to an entry of a default judgment. Additionally, the court noted that a valid cause of action under the ADA must be alleged in the Complaint.

It's worth noting that the court found that the ADA excludes websites of businesses with no public-facing, physical retail operations from the definition of public accommodations.

Toro v. Merdel Game Mfg. Co., 2023 U.S. Dist. LEXIS 23215 (SDNY 2023) highlights the importance of complying with legal procedures and requirements when filing for default judgments in ADA cases. It also underscores the need to ensure that a valid cause of action is alleged in the Complaint. For businesses, understanding the ADA's definition of public accommodations is essential to ensure compliance and avoid potential legal issues related to their website's accessibility

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