Plaintiff
- Name: Abelardo Martinez, Jr.
- Filing date: February 2, 2021
- State of filing: California
Defendant
- Name: Noven Pharmaceuticals, Inc.
- Website: www.noven.com
- Industry: Pharmaceuticals
- Summary: Noven is a fully-integrated, specialty pharmaceutical company with products including Secuado, Daytrana, Minivelle, and Combipatch.
Case Summary
On February 2, 2021, Abelardo Martinez, Jr. filed a Complaint in California State court against Noven Pharmaceuticals, Inc.. Plaintiff Abelardo Martinez, Jr. alleges that www.noven.com is not accessible per the WCAG 2.0 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- 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. Form labels provide visible descriptions and larger clickable targets for form
controls; - Empty headings, which present a problem because a heading contains no content. Keyboard and screen reader users often navigate by heading elements. An empty heading will present
no information and may introduce confusion; - Empty links that contain no text causing the function or purpose of the link to not be presented to the user. This can introduce confusion for keyboard and screen reader users; and
- Redundant Links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard and screen reader users.
Plaintiff asserts the following cause(s) of action in its Complaint:
Violations of the Unruh Civil Rights Act, California Civil Code § 51 et seq.
Plaintiff seeks the following relief by way of its Complaint:
- A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et
seq., and N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York; - A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make its App into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that the App is readily accessible to and usable by blind individuals;
- A declaration that Defendant owns, maintains and/or operates its App in a manner which discriminates against the blind and which fails to provide access for persons with disabilities as required by Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., and N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York;
- An order directing Defendants to continually update and maintain its App to ensure that it remains fully accessible to and usable by the visually-impaired;
- Compensatory damages in an amount to be determined by proof, including all applicable statutory damages and fines, to Plaintiff for violations of their civil rights under New York State Human Rights Law and City Law;
- Plaintiff’s reasonable attorneys’ fees, expenses, and costs of suit as provided by state and federal law;
- For pre- and post-judgment interest to the extent permitted by law; and
- For such other and further relief which this court deems just and proper.