Plaintiff
- Name: Abelardo Martinez, Jr
- Filing date: December 4, 2019
- State of filing: California
Defendant
- Name: Abbvie Inc.
- Website: www.humira.com
- Industry: Pharmaceuticals
- Summary: Abbvie is a pharmaceutical company selling a range of drugs including, Humira, a self-injection prescribed for rheumatoid arthritis, psoriasis, Chron's Disease, colitis, and other disorders.
Case Summary
On December 4, 2019, Abelardo Martinez, Jr filed a Complaint in California State court against Abbvie Inc.. Plaintiff Abelardo Martinez, Jr alleges that www.humira.com is not accessible per the WCAG 2.0 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Missing alternative text which presents a problem because an image without alternative text results in an empty link.
- Linked image missing alternative text which presents a problem because an image without alternative text results in an empty link.
- Empty links that contain no text causing the function or purpose of the link to not be presented to the user.
- Empty or missing form labels which presents a problem
because, if a form control does not have a properly associated text label, the function or purpose of that
form control may not be presented to screen reader users
Plaintiff asserts the following cause(s) of action in its Complaint:
Unruh Civil Rights Act, California Civil Code § 51 et seq.
Plaintiff seeks the following relief by way of its Complaint:
- For a judgment that Defendant violated Plaintiff’s rights under the Unruh Civil Rights Act, California Civil Code § 51 et seq.;
- For a preliminary and permanent injunction requiring Defendant to take the steps necessary to make the Website, evelynandarthur.com, readily accessible to and usable by visuallyimpaired individuals; but Plaintiff hereby expressly limits the injunctive relief to require that Defendant expend no more $20,000 as the cost of injunctive relief;
- An award of statutory minimum damages of $4,000 per violation pursuant to section 52(a) of the California Civil Code; however, Plaintiff expressly limits the total amount of recovery, including statutory damages, attorneys’ fees and costs, and cost of injunctive relief not to exceed $74,999;
- For attorneys’ fees and expenses pursuant to all applicable laws including, without limitation, California Civil Code § 52(a); however, Plaintiff expressly limits the total amount of recovery, including statutory damages, attorneys’ fees and costs, and cost of injunctive relief not to exceed $74,999;
- For pre-judgment interest to the extent permitted by law;
- For costs of suit; and
- For such other and further relief as the Court deems just and proper.