Martinez et Al v. Perrigo Company PLC

Summary

On September 22, 2020, Abelardo Martinez, Jr Dominick Martin filed a Complaint in California Federal court against Perrigo Company PLC . Plaintiff Abelardo Martinez, Jr Dominick Martin alleges that www.perrigo.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

Perrigo Company is an Irish–registered manufacturer of private label over-the-counter pharmaceuticals

What the complaint says

The problems the plaintiff describes with the website.

• Empty or missing form labels
• Empty links
• Broken ARIA references
• Empty headings
• Missing alternative text
• Document language missing
• Empty or missing form labels
• Empty buttons

Legal claims

The laws the plaintiff says the defendant broke, called causes of action.

• Violations of the Unruh Civil Rights Act, California Civil Code § 51 et seq.

What the plaintiff asks for

What the plaintiff wants the court to order.

• For a judgment that Defendant violated Plaintiffs’ 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 Websites, https://www.perrigo.com/ and www.clindesse.com, readily accessible to and usable by visually-impaired individuals; but Plaintiffs hereby expressly limit 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, Plaintiffs expressly limit 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, Plaintiffs expressly limit 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
• For such other and further relief as the Court deems just and proper.