FISCHLER v. MUSH FOODS INC.

    Plaintiff

    • Name: Brian Fischler
    • Filing date: December 20, 2019
    • State of filing: New York

    Defendant

    • Name: Mush Foods Inc.
    • Website: www.eatmush.com
    • Industry: Food Products
    • Summary: Mush manufactures and sells MUSH Overnight Oats, individually-portioned, flavored oatmeal dishes for sale at retail grocery stores and via its website.

    Case Summary

    On December 20, 2019, Brian Fischler filed a Complaint in New York Federal court against Mush Foods Inc.. Plaintiff Brian Fischler alleges that www.eatmush.com is not accessible per the WCAG 2.0 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Lack of alt-text for images.
    • Frames do not have a title.
    • Button elements are empty and have no programmatically
      determined name.
    • Forms have fields without label elements or title attributes.
    • Webpages have duplicate IDs which cause problems in screen
      readers.
    • Form field labels are not unique on a page or enclosed in a fieldset with a legend that makes the label unique.
    • Headings are not nested correctly and at least twenty (20) headings are empty.
    • Several links on a page share the same link text, but go to different destinations.
    • Webpages have markup errors.

    Plaintiff asserts the following cause(s) of action in its Complaint:

    • Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. 
    • New York State Human Rights Law
    • New York City Human Rights Law
    • Declaratory Relief

    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., N.Y.C. Admin. 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 Website into full compliance with requirements set forth in the ADA and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals;
    • A declaration that Defendant owns, maintains and/or operates its Website in a manner that 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., N.Y.C. Admin. Code § 8-107, et seq. and the laws of New York;
    • An order certifying the Class and the State and City Sub-Classes under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel;
    • Compensatory and damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines;
    • Pre- and post-judgment interest;
    • An award of costs and expenses of this action together with
      reasonable attorneys’ and expert fees; and
    • Such other and further relief as this Court deems just and proper. 

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