Case: National Federation of the Blind v. Law School Admissions Council

RG09436691 | California state trial court

Filed Date: Feb. 19, 2009

Case Ongoing

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Case Summary

On February 19, 2009, the National Federation of the Blind (NFB), the National Federation of the Blind of California, and a blind student law school applicant filed a lawsuit in the Superior Court of Alameda County, California against the Law School Admission Council (LSAC), the non-profit entity that administered the Law School Admission Test (LSAT). The plaintiffs, represented by counsel from the Disability Rights Advocates, alleged that the LSAC violated both the Disabled Persons Act (California Civil Code § 54 et seq) and the Unruh Civil Rights Act (California Civil Code § 51 et seq) by operating its website in a way that made it inaccessible to screen readers and therefore made it impossible for blind individuals to independently apply to law school.

On June 8, 2010, the plaintiffs amended their complaint to add University of California, Hastings College of Law; Thomas Jefferson School of Law; Whittier Law School; and University of Chapman School of Law as defendants as well as a new cause of action under Title II of the Americans with Disabilities Act (ADA). The plaintiffs claimed that the additional defendants discriminated against individuals with disabilities in violation of the three statutes by using LSAC's allegedly inaccessible website as a means of applying to their law schools.

On May 5 and October 12, 2010, NFB filed complaints against LSAC and multiple law schools with the Disability Rights Section of the U.S. Department of Justice alleging violation of Titles II and III of the ADA.

On April 25, 2011, the plaintiffs, and LSAC entered into a settlement agreement that the U.S. Department of Justice confirmed resolved the complaints and case against the LSAC and the various law schools. The settlement agreement, which lasts until September 1, 2014, required:

LSAC to redesign its website to meet WCAG 2.0, level AA non-visual requirements.

NFB to provide beta testing and subsequent semi-annual monitoring to ensure that LSAC's website was accessible and authorized NFB to charge $300 an hour in an amount not to exceed $35,000 for its beta testing and monitoring.

LSAC to train its employees with website duties in webpage accessibility and report on such training to NFB.

LSAC to report any complaints about the LSAC website made by individuals using screen readers and either resolve those complaints or collaborate with NFB to resolve those complaints

The parties to resolve disputes under the settlement by arbitration

LSAC to pay NFB $320,000 to partially reimburse it for its reasonable attorney's fees

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Summary Authors

Brian Kempfer (6/1/2014)

People

Attorney for Plaintiff

Goldstein, Daniel F (Maryland)

Attorney for Defendant

Expert/Monitor/Master/Other

Darby, Robert E. (California)

Knight, David W. (District of Columbia)

Nichol, Allison (District of Columbia)

Nicholson, Kate M. (District of Columbia)

Attorney for Plaintiff

Goldstein, Daniel F (Maryland)

Attorney for Defendant

Van Tol, Joan E. (Pennsylvania)

Expert/Monitor/Master/Other

Darby, Robert E. (California)

Knight, David W. (District of Columbia)

Nichol, Allison (District of Columbia)

Nicholson, Kate M. (District of Columbia)

Paradise, Laurence W (California)

Vartain, Michael (California)

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Documents in the Clearinghouse

	Document
RG09436691	[Docket] National Federation v. Law School Admission Council	May 9, 2011	May 9, 2011 Docket
RG09436691	Settlement Agreement National Federation of the Blind v. Law School Admission Council	April 25, 2011	April 25, 2011 Settlement Agreement

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Resources

Title	Description		External URL Date / External URL
National Federation of the Blind (NFB), et al. v. Law School Admissions Council (LSAC) Disability Rights Advocates	The Law School Admission Council’s (LSAC) website is the gateway for aspiring law students to apply to law schools and to register for the Law School Admission Test (LSAT). Yet, LSAC operated a websi…	Feb. 1, 2011	Feb. 1, 2011 https://dralegal.org/...

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Docket

Last updated Jan. 25, 2024, 1:04 p.m.

ECF Number	Description	Date	Link Date / Link
22560441	Civil Case Cover Sheet Filed for National Federation of the Blind - Document: pages 3, price $3.0(Document Cost: $3.00)	Feb. 19, 2009	Feb. 19, 2009
22560407	Complaint - Civil Rights Filed (Amended) - Document: pages 9, price $7.0(Document Cost: $7.00)	Feb. 19, 2009	Feb. 19, 2009
22560442	Summons on Complaint Issued and Filed - Document: pages 1, price $1.0(Document Cost: $1.00)	Feb. 19, 2009	Feb. 19, 2009
22587099	Initial Case Management Conference 07/09/2009 02:31 PM D- 510 - Document: pages 1, price $0.0	Feb. 24, 2009	Feb. 24, 2009
22587100	Notice of Assignment of Judge for All Purposes Issued - Document: pages 3, price $3.0(Document Cost: $3.00)	Feb. 24, 2009	Feb. 24, 2009
22816586	Answer to Complaint Filed for Law School Admission Council, Inc. - Document: pages 8, price $6.5(Document Cost: $6.50)	April 15, 2009	April 15, 2009
22849027	Application Re: Permission to Appear Pro Hac Vice Filed - Document: pages 9, price $7.0(Document Cost: $7.00)	April 23, 2009	April 23, 2009
22849093	Application Re: Permission to Appear Pro Hac Vice Filed - Document: pages 8, price $6.5(Document Cost: $6.50)	April 23, 2009	April 23, 2009
22849104	Application Re: Permission to Appear Pro Hac Vice Filed - Document: pages 8, price $6.5(Document Cost: $6.50)	April 23, 2009	April 23, 2009
	Motion for Pro Hac Vice Reservation Set for dept: 510 date: 06/10/2009 time: 02:30 PM	April 23, 2009	April 23, 2009
22878368	Stipulation and Order re Pro Hac Vice (Amended applications) Re: Other Exparte Filed: - Document: pages 27, price $16.0(Document Cost: $16.00)	April 28, 2009	April 28, 2009
22878442	Proof of Service by Mail Filed - Document: pages 5, price $5.0(Document Cost: $5.00)	April 28, 2009	April 28, 2009
22897863	Application Re: Permission to Appear Pro Hac Vice Granted - Document: pages 1, price $1.0(Document Cost: $1.00)	May 5, 2009	May 5, 2009
22897867	Application Re: Permission to Appear Pro Hac Vice Granted - Document: pages 1, price $1.0(Document Cost: $1.00)	May 5, 2009	May 5, 2009
22897871	Application Re: Permission to Appear Pro Hac Vice Granted - Document: pages 1, price $1.0(Document Cost: $1.00)	May 5, 2009	May 5, 2009
22898039	Stipulation and Order Re: Other Exparte Granted - Document: pages 1, price $1.0(Document Cost: $1.00)	May 5, 2009	May 5, 2009
23108800	Stipulation and Order Re: Continuance of Case Management Conference Filed for Law School Admission C - Document: pages 6, price $0.0	June 23, 2009	June 23, 2009
23119178	Stipulation and Order Re: Continuance of Case Management Conference Granted - Document: pages 1, price $0.0	June 25, 2009	June 25, 2009
23179295	Case Management Conference Commenced and Completed - Document: pages 1, price $0.0	July 9, 2009	July 9, 2009
23179296	Case Management Conference Order Issued - Document: pages 2, price $0.0	July 9, 2009	July 9, 2009
	Hearing Reset to Case Management Conf Continuance 08/11/2009 02:30 PM D- 510	July 9, 2009	July 9, 2009
23252075	Case Management Statement of National Federation of the Blind, The National Federation of the Blind - Document: pages 5, price $5.0(Document Cost: $5.00)	July 27, 2009	July 27, 2009
23254135	Proof of Service by Mail Filed - Document: pages 3, price $3.0(Document Cost: $3.00)	July 27, 2009	July 27, 2009
23256362	Application Re: Permission to Appear Pro Hac Vice Filed - Document: pages 10, price $7.5(Document Cost: $7.50)	July 28, 2009	July 28, 2009
23256386	Application Re: Permission to Appear Pro Hac Vice Filed - Document: pages 9, price $7.0(Document Cost: $7.00)	July 28, 2009	July 28, 2009
23270263	Application Re: Permission to Appear Pro Hac Vice Granted - Document: pages 1, price $1.0(Document Cost: $1.00)	July 30, 2009	July 30, 2009
23270269	Application Re: Permission to Appear Pro Hac Vice Granted - Document: pages 1, price $1.0(Document Cost: $1.00)	July 30, 2009	July 30, 2009
23292071	Proposed Order Filed - Document: pages 6, price $5.5(Document Cost: $5.50)	Aug. 5, 2009	Aug. 5, 2009
23316000	Case Management Conference Commenced and Completed - Document: pages 1, price $0.0	Aug. 11, 2009	Aug. 11, 2009
23316001	Case Management Conference Order Issued - Document: pages 1, price $0.0	Aug. 11, 2009	Aug. 11, 2009
	Case Management Conf Continuance 10/29/2009 02:30 PM D- 510	Aug. 11, 2009	Aug. 11, 2009
23592640	Stipulation and Order Re: Continuance of Case Management Conference Filed for Law School Admission C - Document: pages 7, price $0.0	Oct. 15, 2009	Oct. 15, 2009
23599999	Stipulation and Order Re: Continuance of Case Management Conference Granted - Document: pages 1, price $0.0	Oct. 16, 2009	Oct. 16, 2009
23599939	Case Management Conference Order Issued - Document: pages 2, price $0.0	Oct. 16, 2009	Oct. 16, 2009
	Hearing Reset to Case Management Conf Continuance 03/18/2010 02:30 PM D- 510	Oct. 16, 2009	Oct. 16, 2009
23716105	Hearing Reset to Case Management Conf Continuance 03/18/2010 02:30 PM D- 608 - Document: pages 1, price $0.0	Nov. 14, 2009	Nov. 14, 2009
	Court File Transfer to Fremont Hall of Justice	Jan. 29, 2010	Jan. 29, 2010
24157684	Case Management Statement of National Federation of the Blind, Deepa Goraya Filed - Document: pages 4, price $4.0(Document Cost: $4.00)	March 3, 2010	March 3, 2010
24157687	Proof of Service by Mail Filed - Document: pages 3, price $3.0(Document Cost: $3.00)	March 3, 2010	March 3, 2010
24224381	Case Management Conference Commenced and Completed - Document: pages 1, price $0.0	March 18, 2010	March 18, 2010
24224382	Case Management Conference Order Issued - Document: pages 1, price $0.0	March 18, 2010	March 18, 2010
	Case Management Conf Continuance 07/15/2010 02:30 PM D- 608	March 18, 2010	March 18, 2010
24523485	Stipulation and Order Re: Amend Complaint Filed for National Federation of the Blind, The National F - Document: pages 38, price $21.5(Document Cost: $21.50)	May 28, 2010	May 28, 2010
24523522	Proof of Service by Mail Filed - Document: pages 3, price $3.0(Document Cost: $3.00)	May 28, 2010	May 28, 2010
24531760	Proof of Service Filed - Document: pages 2, price $2.0(Document Cost: $2.00)	June 1, 2010	June 1, 2010
24552419	Order Granting Allowing Filing of Amended Complaint Filed - Document: pages 3, price $3.0(Document Cost: $3.00)	June 7, 2010	June 7, 2010
24557373	Stipulation and Order Re: Amend Complaint Granted - Document: pages 1, price $1.0(Document Cost: $1.00)	June 7, 2010	June 7, 2010
24565367	Order Granting The Filing Of Amended Complaint Filed - Document: pages 3, price $3.0(Document Cost: $3.00)	June 7, 2010	June 7, 2010
24562537	First Amended Complaint Filed - Document: pages 31, price $18.0(Document Cost: $18.00)	June 8, 2010	June 8, 2010
24562545	Proof of Service Filed - Document: pages 3, price $3.0(Document Cost: $3.00)	June 8, 2010	June 8, 2010
24563251	Summons Issued and Filed - Document: pages 2, price $2.0(Document Cost: $2.00)	June 8, 2010	June 8, 2010
24657861	Joint Case Management Statement Filed - Document: pages 12, price $8.5(Document Cost: $8.50)	June 30, 2010	June 30, 2010
24687206	Proof of Service on Amended Complaint Filed - Document: pages 3, price $3.0(Document Cost: $3.00)	July 8, 2010	July 8, 2010
24691216	Case Management Statement of The University of California Hastings College of the Law, Thomas Jeffer - Document: pages 11, price $8.0(Document Cost: $8.00)	July 9, 2010	July 9, 2010
24700997	Answer to 1st Amended Complaint Filed for Law School Admission Council, Inc. - Document: pages 13, price $9.0(Document Cost: $9.00)	July 12, 2010	July 12, 2010
24718843	Case Management Conference Commenced and Completed - Document: pages 2, price $0.0	July 15, 2010	July 15, 2010
24718844	Case Management Conference Order Issued - Document: pages 2, price $0.0	July 15, 2010	July 15, 2010
	Hearing Reset to Case Management Conf Continuance 11/05/2010 02:30 PM D- 608	July 15, 2010	July 15, 2010
24814760	Answer to Complaint Filed for The University of California Hastings College of the Law, Thomas Jeffe - Document: pages 12, price $8.5(Document Cost: $8.50)	Aug. 6, 2010	Aug. 6, 2010
24815147	Cross-Complaint Filed for The University of California Hastings College of the Law, Thomas Jefferson - Document: pages 9, price $7.0(Document Cost: $7.00)	Aug. 6, 2010	Aug. 6, 2010
24921671	Answer to Cross-Complaint Filed for Law School Admission Council, Inc. - Document: pages 4, price $4.0(Document Cost: $4.00)	Sept. 1, 2010	Sept. 1, 2010
25134013	Case Management Statement of Law School Admission Council, Inc., The University of California Hastin - Document: pages 10, price $7.5(Document Cost: $7.50)	Oct. 21, 2010	Oct. 21, 2010
25139349	Joint Case Management Statement Filed - Document: pages 9, price $7.0(Document Cost: $7.00)	Oct. 21, 2010	Oct. 21, 2010
25136057	Notice of Mailing re: Service of Discovery Filed - Document: pages 2, price $2.0(Document Cost: $2.00)	Oct. 22, 2010	Oct. 22, 2010
25173579	Motion for Pro Hac Vice Filed by National Federation of the Blind, The National Federation of the B - Document: pages 8, price $6.5(Document Cost: $6.50)	Oct. 29, 2010	Oct. 29, 2010
	Motion for Pro Hac Vice Hearing Confirmed for 02/02/2011 02:30 PM D- 608	Oct. 29, 2010	Oct. 29, 2010
25197175	Case Management Conference Commenced and Completed - Document: pages 2, price $0.0	Nov. 5, 2010	Nov. 5, 2010
25197176	Case Management Conference Order Issued - Document: pages 4, price $0.0	Nov. 5, 2010	Nov. 5, 2010
	Case Management Conf Continuance 02/24/2011 02:30 PM D- 608	Nov. 5, 2010	Nov. 5, 2010
25248304	Miscellaneous * Substitution of Attorney Filed - Document: pages 2, price $2.0(Document Cost: $2.00)	Nov. 18, 2010	Nov. 18, 2010
25547170	Civil Law and Motion Hearing Commenced and Completed - Document: pages 1, price $1.0(Document Cost: $1.00)	Feb. 2, 2011	Feb. 2, 2011
25547171	Motion for Pro Hac Vice Granted - Document: pages 3, price $3.0(Document Cost: $3.00)	Feb. 2, 2011	Feb. 2, 2011
25578896	Joint Case Management Statement Filed - Document: pages 10, price $7.5(Document Cost: $7.50)	Feb. 14, 2011	Feb. 14, 2011
25606172	Joint Case Management Statement Filed - Document: pages 10, price $7.5(Document Cost: $7.50)	Feb. 18, 2011	Feb. 18, 2011
	Hearing Vacated: Case Management Conf Continuance 02/24/2011 02:30 PM D- 608	Feb. 23, 2011	Feb. 23, 2011
25617712	Compliance Hearing 03/29/2011 03:30 PM D- 608 - Document: pages 2, price $2.0(Document Cost: $2.00)	Feb. 23, 2011	Feb. 23, 2011
25748081	Stipulation and Order Re: Continuance of Compliance Hearing Filed for National Federation of the Bli - Document: pages 5, price $5.0(Document Cost: $5.00)	March 24, 2011	March 24, 2011
25765500	Compliance Hearing Commenced and Completed - Document: pages 1, price $1.0(Document Cost: $1.00)	March 29, 2011	March 29, 2011
25765501	Case Management Conference Order Issued - Document: pages 3, price $0.0	March 29, 2011	March 29, 2011
	Compliance Hearing 05/10/2011 03:30 PM D- 608	March 29, 2011	March 29, 2011
25874628	Stipulation and Order Re: Continuance of Compliance Hearing Filed for Law School Admission Council, - Document: pages 5, price $5.0(Document Cost: $5.00)	April 25, 2011	April 25, 2011
25876582	Stipulation and Order Re: Continuance of Compliance Hearing Granted - Document: pages 2, price $2.0(Document Cost: $2.00)	April 26, 2011	April 26, 2011
25877238	Hearing Reset to Compliance Hearing 06/07/2011 03:30 PM D- 608 - Document: pages 2, price $2.0(Document Cost: $2.00)	April 26, 2011	April 26, 2011
25898850	Stipulation and Order Re: Other Ex Parte Filed: - Document: pages 7, price $6.0(Document Cost: $6.00)	May 2, 2011	May 2, 2011
25929662	Dismissal Court Ordered With Prejudice Filed - Document: pages 2, price $2.0(Document Cost: $2.00)	May 9, 2011	May 9, 2011
25929664	Dismissal Court Ordered Without Prejudice Filed - Document: pages 7, price $6.0(Document Cost: $6.00)	May 9, 2011	May 9, 2011