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NDBA Legal Update • January 11, 2018                                                                   Page 3

          The Florida district court dismissed the case, holding that
          Outback is already subject to an order in New York that
          provides Haynes with complete relief. The court explained
          that Outback is legally bound to make the desired changes
          to its website, making it unclear what else Haynes hopes to
          accomplish, other than obtain attorney’s fees for his counsel.

          ABA has filed an amicus brief urging the Eleventh Circuit to
          affirm the district court’s ruling. The brief argues allowing
          “copy-cat” plaintiffs to levy identical lawsuits against
          businesses who are already committed to improving website
          accessibility runs counter to the purpose of the ADA and
          provides no meaningful benefit or protection to disabled
          individuals.  The amicus also contends threats of continued
          litigation are a disincentive for companies to take proactive
          measures to improve website accessibility and that Outback’s
          plan  to improve  the accessibility  of its website effectively
          moots the plaintiff’s claims by providing the same relief the
          plaintiff sought.

          Thank You ABA Office of
          the General Counsel

          Marilyn wants to thank ABA Office of the General Counsel
          for providing the information and analysis about the cases
          reported in this issue of the Legal Update.

                                Role of the General Counsel
                                North Dakota Bankers Association is extremely fortunate to have the expertise of Marilyn Foss on staff.
                                Marilyn has been with the association for over 19 years as general counsel and has served our members
                                and staff with great professionalism.
                                NDBA’s general counsel serves as the attorney for the association. Although she is pleased to be able to
                                serve as a resource for NDBA members in responding to their questions, she is providing general information,
                                not legal advice. Banks must obtain legal advice from counsel who has been retained by the bank to
                                represent the bank’s interests in a specific matter.
          Marilyn Foss
          NDBA General Counsel  To contact Marilyn Foss, NDBA General Counsel, call 701.223.5303 or email at
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