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Football Stadium May Have Fumbled Wheelchair User’s Seating Request, Federal Court Rules

A federal court recently held that a football stadium must make reasonable modifications to its seating policy to allow a wheelchair user with a ticket for a non-wheelchair accessible seat access to view the game in person....more

2024 Mid-Year Report: ADA Title III Federal Lawsuit Numbers Rebound (A Little)

Seyfarth Synopsis: The decline in ADA Title III lawsuits that began in 2022 comes to a halt in 2024 and California retakes its mantle of “national filing hotspot.”...more

Court Holds “Bully Breed” Dog That Identifies Onset of Panic Attack is a Service Animal

A Puerto Rico federal court holding reminds us that an animal that performs work or tasks for a person with a psychiatric disability – such as identifying the onset of a panic attack and taking action to mitigate its effect –...more

Ninth Circuit Green Lights Kiosk Accessibility Class Action

Seyfarth Synopsis: Ninth Circuit paves the way for nationwide class action concerning the accessibility of healthcare check-in kiosks for individuals who are blind....more

2023 Mid-Year Report: ADA Title III Federal Lawsuit Numbers Continue to Decline

Seyfarth Synopsis: The decline in ADA Title III lawsuits that began in 2022 continues in 2023. New York remains the filing hotspot....more

ADA Title III Federal Lawsuits Numbers Are Down But Likely To Rebound in 2023

Seyfarth Synopsis: The number of ADA Title III lawsuits filed in federal court dropped by 24 percent, the lowest since 2017, and California is no longer the center of the ADA Title III universe....more

2022 ADA Title III Mid-Year Federal Lawsuit Filings Drop 22% Compared To 20212022 ADA Title III Mid-Year Federal Lawsuit Filings...

Seyfarth Synopsis: In this blog we examine data showing an unexpected drop in the number of Title III Americans with Disabilities Act suits filed so far in 2022, particularly in California....more

As the Winn-Dixie Saga Finally Concludes in Florida, 181 Advocacy Groups Urge DOJ to Issue Website Accessibility Regulations

Seyfarth Synopsis: The Eleventh Circuit has refused to reconsider its decision to vacate its prior order and the trial court’s judgment because of mootness; while disability rights advocates demand regulatory action from DOJ...more

ADA Title III Federal Lawsuit Filings Hit An All Time High

Seyfarth Synopsis: Plaintiffs continue filing ADA Title III lawsuits in record numbers with no sign of stopping. As regular readers of this blog know, the number of ADA Title III lawsuits filed in federal court in 2020...more

ADA Title III Federal Mid-Year Lawsuit Numbers at an All-Time High

Seyfarth Synopsis: ADA Title III lawsuit filings in federal courts on pace for a record year. Regular readers will doubtless recall that 2020 was a down year (but just barely) for lawsuits filed in federal court alleging...more

Winn Dixie Saga Continues: Eleventh Circuit Actively Considering Rehearing Request

Seyfarth Synopsis: A recent order from the Eleventh Circuit signals that the court is seriously considering a rehearing in Gil v. Winn-Dixie....more

Federal Website Accessibility Lawsuits Increased in 2020 Despite Mid-Year Pandemic Lull

Seyfarth Synopsis: ADA Title III website accessibility lawsuits filed in federal courts in 2020 jumped a surprising 12% over 2019, in spite of a mid-year pandemic dip in filings....more

The Pandemic Slowed 2020 Federal ADA Title III Filings But 2021 May Be a Record Breaker

Seyfarth Synopsis: ADA Title III lawsuits filed in 2020 fell slightly from last year’s high, but still topped 10,000 for the second time since we started tracking these lawsuits in 2013....more

Criticisms of “Quick-Fix” Website Accessibility Products Highlighted in New Lawsuit

Seyfarth Synopsis: A recently-filed lawsuit recently contains a lengthy critical report by a digital accessibility consultant of accessibility issues created by an accessibility widget. ...more

Crystal Ball 2021: Our Predictions for the ADA Title III Legal Landscape

Seyfarth Synopsis: We predict 2021 will be a very busy year for ADA Title III lawsuits.  Here is our take on the types of cases public accommodations can expect to face....more

How Will DOJ Enforce Title III of the ADA in a Biden Administration?

Seyfarth Synopsis: A Biden Administration DOJ will likely bring higher engagement and more aggressive enforcement on ADA Title III issues....more

Ninth Circuit Announces Legal Framework for Readily Achievable Barrier Removal Claims Under ADA

Seyfarth Synopsis: The Ninth Circuit Court of Appeals adopts a burden-shifting framework for analyzing claims involving the removal of pre-ADA barriers which requires the plaintiff to “plausibly show how the cost of removing...more

Federal ADA Title III Lawsuit Numbers Drop 15% for the First Half of 2020 But a Strong Rebound Is Likely

Seyfarth synopsis: Businesses enjoyed a brief reprieve in ADA Title III lawsuits while the country was shut down but the rest of the year will most likely be business as usual....more

A Second California State Court Judge Says the ADA Covers Online-Only Businesses

Seyfarth Synopsis: California state courts are becoming an even friendlier jurisdiction for plaintiffs filing lawsuits about allegedly inaccessible websites....more

California State Courts Continue to Issue Pro-Plaintiff Decisions in Website Accessibility Cases

Seyfarth Synopsis: A second California Court of Appeal rules that websites with a nexus to a physical place of business are covered by Title III of the Americans with Disabilities Act, while a California trial court insists...more

2019 Was Another Record-Breaking Year for Federal ADA Title III Lawsuits

Seyfarth Synopsis: The ADA Title III federal lawsuit numbers in 2019 topped 11,000 for another all-time record. Plaintiffs filed at least 11,053 ADA Title III lawsuits in federal court in 2019 — 890 (or 8.8%) more than in...more

Federal Website Access Lawsuit Numbers Increase 7 Percent in 2019, With Possible Bump from Supreme Court Denial of Cert in...

Seyfarth Synopsis: Website accessibility lawsuit filings in federal court in 2019 are on track to exceed 2018.  Will we see an increase in filings as a result of the Supreme Court’s decision not to review the Ninth Circuit’s...more

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